CBS STEEL (P) LTD.,DELHI vs. PR. CIT, NEW DELHI

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ITA 2140/DEL/2017Status: DisposedITAT Delhi20 March 2023AY 2011-122 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the original assessment order had indeed been quashed by the ITAT in a separate appeal. Consequently, the revision order passed by the CIT under section 263 could not survive.

What were the facts?

The assessee's appeal was against an order passed by the CIT under section 263 of the Income-tax Act. The assessee argued that the original assessment order, which was the subject of the revision, had already been quashed by the ITAT.

What were the issues?

Whether a revision order under section 263 can survive when the underlying assessment order has been quashed.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’ : NEW DELHI

For Appellant: Shri Sachin Kumar, CA
For Respondent: Shri T. James Singson, CIT DR
Hearing: 15.03.2023

(PAN : AACCC7004P) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Sachin Kumar, CA REVENUE BY : Shri T. James Singson, CIT DR Date of Hearing : 15.03.2023 Date of Order : 17.03.2023 ORDER

PER SHAMIM YAHYA, ACCOUNTANT MEMBER :

1.

This appeal by the assessee is directed against the order of ld. CIT, Delhi-2, New Delhi dated 30.03.2017 pertaining to the Assessment Year 2011-12.

2.

At the outset, in this case, ld. Counsel of the assessee pointed out that this is an order passed under section 263 of the Income-tax Act, 1961 (for short 'the Act') for AY 2011-12. He pointed out that the order passed by the AO u/s 143 (3) of the Act which is the subject matter of revision of not survive. 3. Per contra, ld. DR of the Revenue could not dispute the above proposition. 4. Upon careful consideration, we note that the contention of the ld. Counsel of the assessee that in assessee’s own case, ITAT in vide order dated 17.02.2023 has quashed the assessment order, is correct. In this view of the matter, 263 order passed by the ld. CIT could not survive. Hence, the order passed u/s 263 by the ld. CIT is set aside as such.

5.

In the result, this appeal filed by the assessee stands allowed. Order pronounced in the open court on this 17th day of March, 2023.

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