DCIT, CIR-3(3)(1), MUMBAI vs. SICOM LIMITED, MUMBAI

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ITA 2033/MUM/2023Status: DisposedITAT Mumbai25 October 2023AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no infirmity in the CIT(A)'s order. Since the revision order under Section 263 was quashed, the subsequent assessment order arising from it was not sustainable.

What were the facts?

The Revenue appealed against the CIT(A)'s order quashing an assessment order passed under Section 143(3) read with Section 263 of the Income Tax Act. The ITAT had previously quashed the Section 263 order, but the assessment order was passed before that. The CIT(A) allowed the assessee's appeal based on the ITAT's prior order.

What were the issues?

Whether an assessment order passed under Section 143(3) read with Section 263 is sustainable when the Section 263 order itself has been quashed by a higher tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI

Before: SHRI G. S. PANNU & SHRI VIKAS AWASTHY

Hearing: 18/08/2023

आदेश/ ORDER This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ in short ‘the CIT(A)’] dated 31/03/2023, for the Assessment Year 2013-14.

2.

The Department in appeal has raised solitary ground, the same reads as under:

1.

"Whether on the facts and circumstances of the case, the Ld. CIT(A) is justified in quashing the order u/s.143(3) r.w.s. 263 of the Act without appreciating the fact that the department is in appeal before the Hon'ble High Court of Bombay against the Hon'ble ITAT's order quashing the order u/s. 263 of the Act?"

3.

Shri Nikhil Tiwari appearing on behalf of the assessee submitted at the outset that the present appeal by the Revenue is against the findings of CIT(A) in allowing appeal of the assessee assailing assessment order passed u/s. 143(3) r.w.s. 263 of the Income Tax Act, 1961 [ in short ‘the Act’] . He pointed that the Tribunal in vide order dated 21/02/2019 had quashed the order passed by PCIT u/s. 263 of the Act. Once the revision order is quashed, subsequent proceedings arising there from are not sustainable.

4.

Per contra, Shri Anil Sant representing the Department submitted that the Department has filed an appeal against the order of Tribunal dated 21/02/2019, whereby the order passed u/s. 263 of the Act has been quashed.

5.

Both sides heard. It is an undisputed fact that the Tribunal in (supra) has quashed the order of PCIT passed u/s. 263 of the Act. However, by the time aforesaid order was passed by the Tribunal, the Assessing Officer had already passed assessment order u/s. 143(3) r.w.s. 263 of the Act on 22/12/2018. The assessee filed appeal against the said assessment order. The CIT(A) after taking cognizance of the Tribunal order in ITA No.3714/Mum/2018 allowed the appeal of assessee. In facts of the case, we find no infirmity in the impugned order. In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on Wednesday the 25th day of October, 2023.

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