HLS ASIA LTD.,NEW DELHI vs. DCIT CIRCLE-12(1), NEW DELHI

The above captioned two separate appeals by the assessee are preferred against two separate orders of the ld. CIT(A) -22, New Delhi dated 26.12.2018 pertaining to A.Y. 2007-08.

relates to the additions made by the Assessing Officer and confirmed by the ld. CIT(A) and relates to the penalty levied u/s 271(1)(c) of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'].

At the very outset, the ld. counsel for the assessee drew our attention to the decision of this Tribunal in for Assessment Year 2007-08 by which this Tribunal has set aside the order of the PCIT framed u/s 263 of the Act which is the basis of the impugned assessment order under appeal framed u/s 143(3) r.w.s 263 of the Act.

We have carefully perused the order of this Tribunal in ITA No. 4144/DEL/2014. We find force in the contention of the ld. counsel for the assessee. This Tribunal, in the said order, has held that “the orders passed by the ld. CIT u/s 263 of the Act are not sustainable in the eyes of law. Hence ordered to be quashed”.

Since the foundation has been removed, the assessment order dated 30.11.2012 framed u/s 143(3) r.w.s 263 of the Act becomes non- est and, therefore, all the subsequent orders also become non-est.

In the result, the appeals of the assessee in ITA Nos.