TECH MAHINDRA LTD.,MUMBAI vs. ACIT, CIR.-2(3)(1), MUMBAI

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ITA 3213/MUM/2019Status: DisposedITAT Mumbai12 September 2022AY 2012-133 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that a previous order for the same assessment year had already declared the reassessment proceedings invalid. Consequently, the PCIT's order revising the invalid reassessment order was also deemed non-existent.

What were the facts?

The assessee challenged an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263, which had set aside a reassessment order. The assessee argued that the reassessment itself was invalid.

What were the issues?

The primary issue was the validity of the reassessment proceedings. If the reassessment was invalid, the subsequent revisionary order under Section 263 would also be invalid.

Which sections of the Income-tax Act were involved?

Section 263,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, E BENCH, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL "E" BENCH, MUMBAI SHRI M. BALAGANESH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER (ASSESSMENT YEAR: 2012-13) Tech Mahindra Limited, Gateway Building , Apollo Bunder, Mumbai - 40001 [PAN: AAACM3484F] …………… Appellant Assistant Commissioner of Income Tax, Vs Circle -2(3)(1), Aaykar Bhavan, M.K. Marg, Mumbai - 400020 ……………. Respondent Appearances For the Appellant/ Assessee : Shri J.D. Mistry For the Respondent/Department : Shri Murali Mohan Date of conclusion of hearing : 15.06.2022 Date of pronouncement of order : 12.09.2022

O R D E R Per Rahul Chaudhary, Judicial Member 1. By way of the present appeal the Appellant/Assessee has challenged the order, dated 28.03.2019, passed by the Ld. Principal Commissioner of Income Tax- 2 , Mumbai [hereinafter referred to as ‘the PCIT’] under Section 263 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] pertaining to the Assessment Year 2012-13, whereby the PCIT had set aside the Assessment Order dated 31.12.2018 passed under Section 147 read with Section 143(3) of the Act.

2.

When the matter was taken up for hearing, Ld. Senior Counsel appearing for the Appellant/Assessee placed on record order

Assessment Year: 2012-13 dated 17.03.2022 passed in whereby the Tribunal has held that the reopening of assessment for the Assessment Year 2012-13 was invalid. He submitted that since the reopening of the assessment has been held to be invalid, the order dated 31.12.2018 passed under Section 147 read with Section 143(3) of the Act as well as order dated 28.03.2019 passed by the PCIT under Section 263 of the Act revising the aforesaid reassessment order does not survive.

3.

We have perused the abovesaid order of the Tribunal passed in the case of Appellant/Assessee for the Assessment Year 2012- 13. The reassessment proceedings have been struck down as being invalid. Since the order dated 31.12.2018 passed under Section 147 read with Section 143(3) of the Act has been held to be without jurisdiction, the order dated 28.03.2019 passed under Section 263 of the Act by PCIT revising the same does not survive.

4.

In result, the present appeal is allowed.

Order pronounced on 12.09.2022.

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