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

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.

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.

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

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.

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