SHARADBHAI MANSUKHBHAI KUMBHANI,AMRELI vs. THE ITO WARD 3(3)(1), SURAT, SURAT

ITA 315/SRT/2026Status: DisposedITAT Surat24 August 2026AY 2015-163 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that since the revisionary order under section 263 was set aside and remanded, the consequential assessment order passed under section 143(3) r.w.s. 263 also becomes infructuous and does not survive.

What were the facts?

The assessee challenged an addition made by the AO and confirmed by the CIT(A). The AO's order was passed under section 143(3) r.w.s. 263, but the revisionary proceedings under section 263 were later remanded back to the Pr. CIT by the Tribunal.

What were the issues?

Whether a consequential assessment order passed under section 143(3) r.w.s. 263 survives when the original revisionary order under section 263 is set aside and remanded for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 54B,Section 50C,Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

For Appellant: Shri Rasesh Shah, CA
For Respondent: Shri Ashish Kumar, Sr. DR
Hearing: 19.08.2026Pronounced: 24.08.2026

PER : SUCHITRA KAMBLE, J M:

The appeal filed by the assessee is against the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short “CIT(A)”] dated 15.12.2025 for the Assessment Year (in short “AY”) 2015-16. 2. The assessee has raised the following grounds of appeal:

“1. The learned Commissioner (Appeals), National Faceless Appeal Centre (NFAC), Delhi erred in confirming action of the assessing officer in making addition of Rs1,04,23,220/-bydisallowing exemption claimed u/s 54B of the Act.

2.

The learned Commissioner (Appeals), National Faceless Appeal Centre (NFAC), Delhi failed to appreciate that order u/s 263 of the Act has

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 54B

All 814 judgments and leading authorities on Section 54B →

Recent GST High Court judgments

Search GST case law →