RISHI PAL L/H OF LATE SH. INDER SINGH,BULANDSHAHAR vs. ITO, WARD- 2, PANIPAT

On perusal of record, it is observed that notice of hearing issued to assessee fixing the date of hearing on 25.08.2022 was dully served on assessee.

In view of the aforesaid, I proceed to dispose of the appeal ex parte qua the assessee after hearing the learned Departmental Representative and based on material available on record.

I have heard learned Departmental Representative and perused the material on record. Learned Departmental Representative fairly submitted that the order passed by the Principal Commissioner of Income-Tax under Section 263 of the Act giving rise to the present proceedings has been quashed by the Tribunal while deciding assessee’s appeal in vide order dated 13.07.2022.

The factual matrix reveals that the original assessment order passed under Section 143(3) read with section 147 of the Act on 25.02.2015 was subjected to proceeding under Section 263 of the Act and ultimately the assessment order was set aside with a direction to pass a fresh assessment order, keeping in view the order passed under Section 263 of the Act. Pursuant to such direction of the revisionary authority, the assessing officer passed the impugned assessment order on 27.11.2017 determining the total income at Rs.27,29,530. Though, the assessee preferred an appeal against the said assessment order, however, he was unsuccessful.

Undisputedly, the order passed under Section 263 of the Act, in the meanwhile, has been declared as invalid and quashed by the Tribunal in the order referred to above. That being the factual position established on record, the impugned orders of the assessing officer and learned Commissioner (Appeals) culminating out of the order passed under Section 263 of the Act, cannot survive. Accordingly, both, the assessment order as well as the order of learned first appellate authority are quashed.