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

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.

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.

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.

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.