ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

PDF · subscribers
ITA 1968/MUM/2022Status: DisposedITAT Mumbai28 November 2022AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that a previous order by the Tribunal had already quashed the PCIT's revision order under Section 263. Since the basis of the subsequent proceedings was nullified, the present appeal was rendered infructuous.

What were the facts?

The assessee's appeal was against an order passed by the CIT(A) for AY 2009-10. This order stemmed from a revision order passed by the PCIT under Section 263 of the Income Tax Act.

What were the issues?

Whether the assessment order, which was a consequence of a quashed revision order, survives. The validity of proceedings initiated based on a void revision order.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “E”, MUMBAI

Hearing: 17/11/2022

ORDER

PER VIKAS AWASTHY, JM:

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals) -47, Mumbai [ in short ‘the CIT(A)’] dated 10/06/2022 for the Assessment Year 2009-10.

2.

Shri Yogesh Thar appearing on behalf of the assessee submitted at the outset that the impugned order emanates from the assessment order passed consequent to the revision order passed by PCIT u/s. 263 of the Income Tax Act, 1961 ( in short ‘ the Act’). The Tribunal in vide order dated 15/11/2022 has quashed the order of PCIT passed u/s. 263 of the Act, hence, the subsequent proceedings arising there from does not survive.

3.

Shri Harishankar Lal representing the Department fairly admitted that the order of the PCIT passed u/s. 263 of the Act has been set aside by the Tribunal.

4.

Both sides heard. It is an admitted fact that revision order passed u/s. 263 of the Act by the PCIT has been quashed by the Tribunal. The present appeal by the assessee germinates from the assessment order passed in consequence to the revision order u/s. 263 of the Act. Since, order u/s. 263 of the Act has been quashed, the proceedings arising there from are vitiated. Consequently, the present appeal by the assessee has become infructuous, hence, the same is dismissed as infructuous.

Order pronounced in the open court on Monday the 28th day of November, 2022.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →