M/S. CHHABRA SYNCOTEX LTD.,BHILWARA vs. ACIT,CIRCLE, BHILWARA

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ITA 63/JODH/2019Status: DisposedITAT Jodhpur21 December 2020AY 2008-093 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that since the section 263 order was quashed, the original assessment order became valid. Therefore, the assessee's appeal before the CIT(A) needed to be adjudicated on its merits.

What were the facts?

The assessee challenged an assessment order which was later set aside by the Pr. CIT under section 263. The CIT(A) dismissed the assessee's appeal as infructuous because the assessment order was not in existence. However, the ITAT quashed the section 263 order, making the original assessment order valid again.

What were the issues?

The primary issue was the validity of the CIT(A)'s dismissal of the appeal due to the assessment order being set aside, when the set-aside order itself was later quashed.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Mahendra Gargieya & Devang
For Respondent: Shri A.S. Yadav - Ld. Sr. DR

आदेश / O R D E R

Manoj Kumar Aggarwal (Accountant Member): - 1. By way of this appeal for Assessment Year (AY) 2008-09, the assessee challenges the order of Ld. Commissioner of Income-Tax

2 ITA No.63/Jodh/2019 M/s. Chhabra Syncotex Ltd. Assessment Year: 2008-09 (Appeals), Ajmer, [CIT(A)], Appeal No.51/2016-17 dated 25/01/2019 on certain grounds of appeal. 2. The perusal of material on record would reveal that an assessment was framed for the year under consideration u/s 143(3) r.w.s 147 on 30/03/2016 wherein the assessee was saddled with certain additions on account of bogus share application money. Upon further appeal, Ld. CIT(A) dismissed assessee’s appeal by observing that assessment order was already set aside by Ld. Pr.CIT u/s 263 vide order dated 05/03/2018. Therefore since assessment order was not in existence, the appeal filed by the assessee against the same was to be dismissed as being infructuous. 3. The Ld. AR concurred that the assessment order was set- aside vide order u/s 263 dated 05/03/2018. However, the assessee challenged the validity of revisional jurisdiction before this Tribunal vide ITA No. 239/JP/2018 order dated 06/03/2019 wherein the order u/s 263 was quashed. A copy of the order has been placed on record. Consequently, the assessment order dated 30/03/2016 has become alive and therefore, the assessee’s appeal before Ld. CIT(A) would require adjudication on merits. The Ld. DR did not controvert the said position. 4. Keeping in view the submissions, the matter stand restored back to the file of Ld. CIT(A) for disposal of appeal on merits.

ITA No.63/Jodh/2019 M/s. Chhabra Syncotex Ltd. Assessment Year: 2008-09 5. Resultantly, the appeal stands allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.

Sd/- Sd/- (Sandeep Gosain) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member

मुंबई Mumbai; िदनांकDated : 21/12/2020 Sr.PS:-Jaisy Varghese आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, जोधपुर / DR, ITAT, Jodhpur 5. गाड�फाईल / Guard File 6.

आदेशानुसार/ BY ORDER,

उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, जोधपुर / ITAT, Jodhpur.

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