DCIT, CIR-3(3)(1), MUMBAI vs. VALECHA LM TOLL PVT LTD, MUMBAI

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ITA 1042/MUM/2023Status: DisposedITAT Mumbai26 June 2023AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the revision order under Section 263 was quashed, the assessment order passed to give effect to it would not survive. Therefore, the CIT(A)'s decision to allow the assessee's appeal was upheld.

What were the facts?

The Revenue appealed the CIT(A)'s decision to allow the assessee's appeal. The CIT(A) had allowed the appeal because the revision order under Section 263, which the assessment order was based on, had been quashed by the ITAT.

What were the issues?

Whether an assessment order passed to give effect to a revision order that has been subsequently quashed can survive independently.

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, MUMBAI BENCH “F”, MUMBAI

Before: SHRI B.R. BASKARAN & SHRI RAHUL CHAUDHARY

For Respondent: Shri Ankush Kapoor
Hearing: 22/06/2023Pronounced: 26/06/2023

PER B.R. BASKARAN, ACCOUNTANT MEMBER :

1.

The Revenue has filed this appeal challenging the order dated 31.01.2023 passed by learned Commissioner of Income Tax (Appeals) (NFAC), Delhi (in short ‘Ld. CIT(A)’) and it relates to Assessment Year 2013- 14. The contention of the Revenue is that Ld. CIT(A) was not justified in allowing the appeal of assessee on the ground that the order passed under Section 263 of the Income Tax Act, 1961 (in short ‘the Act’) has since been quashed by the ITAT. The reason given by the revenue for the above said

Valecha LM Toll Pvt. Ltd. contention is that it has filed appeal before the Hon’ble Bombay High Court challenging the order so passed by the Tribunal.

2.

None appeared on behalf of the assessee, even though the notice of hearing was sent by Registered Post. Hence, we proceed to dispose of the appeal ex parte, without presence of the assessee.

3.

We heard the ld. DR and perused the record. The Assessing Officer has passed the impugned order under Section 143(3) read with Section 263 of the Act in order to give effect to the revision order passed by the Ld. PCIT on 27.03.2018. In the meantime, the assessee challenged the revision order passed by Ld PCIT by filing appeal before ITAT and the Tribunal, vide its order dated 23.04.2019 passed in has quashed the revision order passed by the Ld. PCIT under Section 263 of the Act. When this fact was brought to the notice of the Ld. CIT(A), he held that the impugned assessment order passed under Section 143(3) read with Section 263 of the Act would not survive. Accordingly, he allowed the appeal of assessee. Revenue is aggrieved by the order so passed by the Ld. CIT(A).

4.

There is no dispute that the impugned assessment order has been passed in order to give effect to the revision order passed by Ld PCIT. When the revision order stands quashed, then the impugned assessment order would not have any independent legs to stand on its own. Accordingly, We are of the view that the order so passed by the Ld. CIT(A) does not call for any interference. Accordingly, we confirm the order passed by the Ld. CIT(A).

Valecha LM Toll Pvt. Ltd. 5. In the result, appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 26th June, 2023.

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