ACIT(E), NEW DELHI vs. INDIA HABITATE CENTRE, NEW DELHI

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ITA 4187/DEL/2017Status: DisposedITAT Delhi01 February 2021AY 2010-114 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the order under Section 263, which led to the impugned assessment, was set aside by the ITAT and the departmental appeal was dismissed by the High Court, nothing survived in favour of the Revenue.

What were the facts?

The assessee claimed exemption under Section 11. The AO rejected the claim and completed the assessment. The CIT(E) set aside the assessment order under Section 263, directing a fresh assessment.

What were the issues?

Whether the assessment order passed pursuant to a Section 263 order, which was subsequently cancelled by the ITAT and upheld by the High Court, is sustainable.

Which sections of the Income-tax Act were involved?

Section 11,Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “C” : DELHI

Before: SHRI BHAVNESH SAINI & SHRI B.R.R. KUMAR

Hearing: 18.01.2021Pronounced: 01.02.2021

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-40, Delhi, Dated 20.04.2017, for the A.Y. 2010-2011.

2 ITA.No.4187/Del./2017 India Habitat Centre, New Delhi. 2. We have heard the Learned Representatives of both the parties through video conferencing and perused the material on record.

3.

In this case assessee filed return of income at NIL income claiming exemption under section 11 of the I.T. Act, 1961. The A.O, however, discussing in detail the activities of the assessee, rejected the claim of assessee for exemption under section 11 of the I.T. Act, 1961. The A.O. further held that its income other than interest income amounting to Rs.75,73,939/- covered under principle of mutuality and treated it as non-taxable. Thus, assessment in this case was completed under section 143(3) of the I.T. Act, 1961 on 07.03.2013. The Ld. CIT(E) proceeded under section 263 of the I.T. Act and set aside the assessment order and directed the A.O. for passing the Order afresh. The A.O. in pursuance to the directions of the Ld. CIT(E), passed the assessment order under section 143(3)/263 of the I.T. Act, 1961, Dated 30.03.2015 determining the net taxable income at Rs.3,14,39,000/-.

3 ITA.No.4187/Del./2017 India Habitat Centre, New Delhi.

4.

The assessee contended before the Ld. CIT(A) that assessee preferred an appeal before ITAT against the Order passed under section 263 of the I.T. Act and ITAT in ITA.No.2390/Del./2015 vide Order Dated 18.05.2016 setting aside the Order under section 263 of the I.T. Act and allowed the appeal of assessee. The Order of the Tribunal is reproduced in the appellate order. It was explained that Revenue filed Departmental Appeal before Hon’ble Delhi High Court which is dismissed vide Order Dated 06.02.2017 in ITA.No.26/2017. The Ld. CIT(A), therefore, noted that since the Order under section 263 on the basis of which the impugned assessment order under section 143(3)/263 was passed has been cancelled by the Tribunal and Departmental Appeal have been dismissed by the Hon’ble Delhi High Court, therefore, the impugned order is liable to be cancelled and appeal of the Assessee has to be allowed.

5.

After considering the rival submissions, we are of the view that no interference is called for in the matter since the impugned order have been passed pursuant to the Order under section 263 of the I.T. Act, 1961, which have 4 ITA.No.4187/Del./2017 India Habitat Centre, New Delhi. been set aside by the ITAT and Departmental Appeal have been dismissed by the Hon’ble High Court, therefore, nothing survive in favour of the Revenue to file the present appeal. The Departmental appeal stands dismissed.

6.

In the result, appeal of the Department dismissed.

Order pronounced in the open Court.

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