SURAJ BUILDMART INDIA PVT.LTD.,,DELHI vs. ITO, WARD-24(4), NEW DELHI

This appeal by the assessee is against the order of the Learned CIT (Appeals)-8, New Delhi dated 11.03.2019 and pertains to the assessment year 2007-08.

At the outset, in this case, learned Counsel of the assessee submitted that assessment order in this case has been passed, pursuant to a revision order under section 263 of the Income Tax Act, 1961. He submitted that the said 263 order has been quashed by the ITAT in ITA

Per contra, learned Departmental Representative relied upon the order of the authorities below. Upon careful consideration, we find that the ITAT in the aforesaid order has clearly quashed Section 263 order. It is pursuant to the said 263 order that this present assessment order has been framed and consequent appeal has come to the learned CIT(Appeals) and thereafter before to us. Since the said Section 263 order has been quashed this present appeal has become infructuous, accordingly, we hold that this appeal deserves to be dismissed as infructuous.

In the result, assessee’s appeal is dismissed.