ACIT CIRCLE-7, JAIPUR, SIDDHNATH BHAWAN vs. M/S GVK JAIPUR EXPRESSWAY LTD, JAIPUR

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ITA 1767/JPR/2025Status: DisposedITAT Jaipur01 June 2026AY 2018-193 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the revision order under Section 263 was already quashed, the consequential assessment order had no basis. Therefore, the deletion of additions by the CIT(A) was correct.

What were the facts?

The revenue appealed against an order of the CIT(A) which had deleted additions. The CIT(A) had done so because a previous revision order under Section 263, which led to a de novo assessment, had been quashed by the ITAT.

What were the issues?

Whether a consequential assessment order can stand when the revisional order under Section 263 that directed it has been quashed.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, “A” BENCH, JAIPUR

Before: SHRI SANJAY GARG & SHRI RATNESH NANDAN SAHAY

Hearing: 17.03.2026Pronounced: 01.06.2026

P a g e | 1 ITA No.1767/JPR/2025 M/s GVK Jaipur Expressway Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “A” BENCH, JAIPUR

BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER

ITA No.1767/JPR/2025 (Assessment Year:2018-19)

ACIT Circle-7, Vs. GVK Jaipur Expressway Jaipur Limited, 156-159, PaigAH House, Sardarpatel Road Secunderabad, 500003, Telangana �थायीलेखासं./जीआइआरसं./PAN/GIR No:AABCG5541J Appellant .. Respondent

Appellant by : Sh. Tarun Mittal, CA Respondent by : Sh. Rajesh Ojha, CIT

Date of Hearing 17.03.2026 Date of Pronouncement 01.06.2026 O R D E R Per: Ratnesh Nandan Sahay, Accountant Member: The present appeal has been preferred by revenue against the order of Ld. Commissioner of Income Tax Appeal (hereinafter referred

P a g e | 2 ITA No.1767/JPR/2025 M/s GVK Jaipur Expressway Ltd. to as “Ld. CIT(A)”) dated 30.03.2023 u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as "Act”) 2. At the outset, the learned counsel for the assessee has brought our attention to the order of the Coordinate Bench of the Tribunal dated 19.08.2025 passed in ITA No.248/JP/2023, whereby the Tribunal has quashed the revision order u/s 263 of the Act passed by the Ld. Principal Commissioner of Income Tax (hereinafter referred to as “Ld. PCIT”) dated 30.03.2023 in the case of the assessee for the assessment year under consideration. The learned counsel for the assessee has contended that the earlier assessment order for the year under consideration was passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 (in short “Act”). Thereafter, the Ld. PCIT exercised his revisional jurisdiction under Section 263 of the Act and set aside the assessment order for de novo assessment. The Ld. Assessing Officer passed a fresh assessment order dated 29th March, 2024, in pursuance to the directions of the Ld. PCIT making impugned additions. The assessee preferred appeal against the said order before the Ld. CIT(A). The Ld. CIT(A) taking cognizance of the order of the Tribunal dated 19.08.2025 (Supra) held that since the Tribunal has already quashed the revisional order passed under Section 263 of the Act. Therefore, a consequential assessment order has no legs to stand upon. 3. Since, the revision order passed u/s 263 of the Act already stands quashed by this Tribunal, therefore, the consequential assessment order has no legs to stand upon, Hence the Ld. CIT(A) has rightly deleted the

P a g e | 3 ITA No.1767/JPR/2025 M/s GVK Jaipur Expressway Ltd. impugned additions. Accordingly, the grounds of appeal raised by the revenue in the present appeal also become infructuous and hence dismissed. 4. In the result, this appeal of the revenue stands dismissed. Order is pronounced under the provisions of Rule 34 of the ITAT Rules, 1963 on 01/06/2026.

Sd/- Sd/- (Sanjay Garg) (Ratnesh Nandan Sahay) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated 01.06.2026 Mittali, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT By Order,

Asst. Registrar ITAT, Jaipur

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