ASHOK MISHRA,KOLKATA vs. PCIT-17 KOLKATA, KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as the impugned order under section 263 had not been given effect to by the Assessing Officer, and thus no fresh tax liability arose. The assessee was granted liberty to apply for recall if an assessment order was later found to have been passed.
What were the facts?
The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. The assessee argued that the consequential assessment order was not passed within the prescribed time limit, rendering the section 263 order ineffective.
What were the issues?
Whether the appeal against a section 263 order is maintainable when the consequential assessment order has not been passed within the statutory time limit. The issue of liberty to recall the order if the assessment is subsequently made.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA
Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Girish Agrawal
Per Rajpal Yadav, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Principal Commissioner of Income Tax-17, Kolkata dated 20.03.2020 passed under section 263 of the Income Tax Act for the assessment year 2015-16.
The ld. Counsel for the assessee, at the very outset, submitted that the impugned order was passed on 20th March, 2020 and as per the limitation under section 153(3), a consequential order in pursuance to this was required to be passed by the ld. Assessing Officer within one year from the end of the financial year in which the impugned order has been passed. He further submitted that the assessment order ought to Assessment Year: 2015-2016 Ashok Mishra have been passed by 31st March, 2021 as provided in section 153(3) of the Income Tax Act. According to him, the assessee has made his inquiries and it is not discernable that any assessment order consequence to this impugned order passed under section 263 has been passed by the Revenue. Therefore, in view of this, the assessee does not want to prosecute this appeal. However, an apprehension has been shown by the ld. Counsel for the assessee that in future, if some assessment order is being presented or brought to the notice of assessee, then in that situation, interest of assessee should be protected and assessee should be given a liberty to file an appropriate application for recall of the present order.
On the other hand, ld. CIT(DR) submitted that a letter was written to the concerned authority but no response has come from it. Therefore, in the absence of specific details, it is difficult to make a statement whether any assessment order consequence to 263 order has been passed or not? On due consideration of the above facts and circumstances, we dismiss this appeal of the assessee because the impugned order has not been given effect by the ld. Assessing Officer. There is no fresh tax liability upon the assessee because of impugned order. However, in case it is unearthed that assessment order has been passed, then the assessee will be at liberty to apply to recall of this order. This application should be filed within the limitation provided in section 254(2) of the Act.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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