DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1), JABALPUR vs. M/S. JASHN BENEFICIARY TRUST, MUMBAI

ITA 107/JAB/2018Status: DisposedITAT Jabalpur05 October 2020AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that once the section 263 order is quashed, the consequent assessment order is without basis in law. Therefore, the CIT(A) was justified in quashing the assessment.

What were the facts?

The Revenue appealed against the CIT(A)'s order which quashed the assessment as infructuous. The assessment was made pursuant to an order under section 263, which was later quashed by the Tribunal.

What were the issues?

Whether an assessment order made pursuant to a section 263 order survives if the section 263 order is subsequently quashed.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

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Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR

Before: SHRI N.R.S. GANESAN & SHRI SANJAY ARORA

For Appellant: Smt. Gunjan Varshney, Sr. DR
For Respondent: Shri Subhash Bajpayee, CA
Hearing: 06/10/2020Pronounced: 06/10/2020

Per Sanjay Arora, AM: This is an Appeal by the Revenue directed against the Order dated 15/02/2018 by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT(A)’ for short), allowing the assessee’s appeal contesting its’ assessment under section 143(3) r/w s. 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 21/10/2016 for assessment year (AY) 2011-12. 2. The Revenue’s appeal raises a single ground, i.e., whether the ld. CIT(A) was justified in quashing the assessment as infructuous. The assessment having been made pursuant to an order u/s. 263,

The order continues below.

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