DCIT-3(4), MUMBAI vs. M/S NUCLEAR POWER CORPORATION OF INDIA LTD, MUMBAI

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ITA 2246/MUM/2022Status: DisposedITAT Mumbai01 November 2022AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that once the revision order passed under Section 263 was set aside, any subsequent proceedings arising from it would not survive. Therefore, the impugned order of the CIT(A) was found to be without infirmity.

What were the facts?

The Revenue appealed against the CIT(A)'s order which allowed the assessee's appeal. The CIT(A) had followed a previous Tribunal order and a Bombay High Court order that had set aside the CIT's revision order passed under Section 263.

What were the issues?

Whether subsequent assessment proceedings and the CIT(A)'s order survive when the underlying revision order under Section 263 has been set aside by higher authorities.

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, MUMBAI BENCH “ B”, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI AMARJIT SINGH

For Appellant: Shri Vallabh Gokhale
Hearing: 01/11/2022Pronounced: 01/11/2022

Assessee by : Shri Vallabh Gokhale Revenue by : Dr. Mahesh Akhade सुनवाई क� �त�थ/ Date of hearing : 01/11/2022 घोषणा क� �त�थ/ Date of pronouncement : 01/11/2022 आदेश/ ORDER

PER VIKAS AWASTHY, JM:

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi dated 07/07/2022 for the Assessment Year 2009-10.

2.

Shri Vallabh Gokhale appearing on behalf of the assessee stated at the outset that this appeal by Revenue is against the order of CIT(A) arising out of assessment proceedings u/s. 143(3) r.w.s. 263 of the Income Tax Act, 1961 [in short ‘the Act’]. The order passed u/s 263 of the Act dated 26/03/2014 was assailed by the assessee before Tribunal in ITA No.3880/Mum/2014. The Tribunal vide order dated 11/01/2017 set aside the order of the Commissioner passed u/s 263 of the Act. Thereafter, the Revenue carried the issue in appeal before the Hon'ble Bombay High Court in Income Tax Appeal No.1356 of 2017. The same was dismissed by the Hon’ble High Court vide order dated 30/09/2021. In the meantime the Assessing Officer had given effect to the order of CIT passed u/s. 263 of the Act vide order dated 06/06/2014. Against the said assessment order, the assessee filed appeal before the CIT(A). The CIT(A) after taking cognizance of the order passed by Tribunal in and the order of Hon'ble High Court allowed appeal of the assessee. The ld. Authorized Representative for the assessee submits that in the above said facts, this appeal by the Revenue deserves to be dismissed.

3.

Dr. Mahesh Akhade representing the Department fairly admitted the facts narrated by the ld. Authorized Representative for the assessee .

4.

Both sides heard. It is an undisputed fact that the order by CIT dated 26/03/2014 passed u/s. 263 of the Act was reversed by the Tribunal in (supra). Once the revision order passed u/s 263 of the Act has been set-aside, the subsequent proceedings arising there from would not survive. We find no infirmity in the impugned order, hence, the appeal of Revenue is dismissed sans merit.

5.

In the result, appeal by the Revenue is dismissed. Order pronounced in the open court on Tuesday the 1st day of November, 2022.

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