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Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
Before: Sh. Bhavnesh SainiDr. B. R. R. Kumar
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the revenue against the order of the ld. CIT(A)-23, New Delhi dated 19.06.2017.
Following grounds have been raised by the revenue: 1. The order of the ld. CIT(A) is not correct in law and facts.
2. On the facts and circumstances of the case, the ld. CIT(A) has erred in quashing the assessment order passed u/s 143(3) r.w.s. 263.
The assessment order u/s 263 r.w.s. 143(3) of the Income Tax Act, 1961 has been passed on 26.12.2016. At the outset, it was brought to our notice that the order passed by the ld. PCIT u/s 263 has been set aside by the order of the Tribunal dated
2 SMC Power Generation Ltd. 30.01.2017 in and that the ld. CIT (A) has allowed the appeal of the assessee based on the order of the Tribunal.
Since, at this juncture, the order u/s 263 stands quashed, we hold that the Assessment Order passed pursuant to the order u/s 263 of the Act do not survive.
In the result, the appeal of the revenue is dismissed. Order Pronounced in the Open Court on 25/03/2021.