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Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI C.N. PRASAD, HONBLE & SHRI MANOJ KUMAR AGGARWAL, HONBLEShri Arun Surendraprasad Tripathi
O R D E R PER C.N. PRASAD (JM) This appeal is filed by the revenue against the order of the Learned 1. Commissioner of Income Tax (Appeals)-5, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 03.02.2020 for the A.Y.2014-15.
Revenue has raised following grounds in its appeal: - 2. “i) Whether on the facts, in the circumstances of the case and as per law, the Ld.CIT(A) was justified in holding that once the order u/s. 263 of the I.T.Act is quashed, the order u/s. 143(3) r.w.s. 263
(A.Y: 2014-15) Shri Arun Surendraprasad Tripathi passed in pursuance of the same would not survive and need to be treated as null and void without adjudicating the case of merits? ii) Whether on the facts and in the circumstances of the case and as per law, the Ld. CIT(A) was justified that once the order u/s. 263 of the Act is quashed, the order u/s. 143(3) r.w.s. 263 passed in pursuance of the same would not survive and need to be treated as null and void despite of the facts that the order passed by the Hon'ble ITAT quashing the order u/s. 263 of the I.T.Act, 1961 has been appealed against before the Hon'ble High Court? iii) The appellant prays that the order of CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored.
At the outset, Learned Counsel for the assessee submitted that the appeal filed by the assessee against the order passed u/s. 263 by the Ld. Commissioner of Income Tax-5 has been allowed and the order of revision has been set aside by the Tribunal in ITA.No. 2560/Mum/2018 dated 28.11.2018. He further submitted that Ld.CIT(A) allowed the appeal of the assessee taking note of the order passed by the Tribunal. Therefore, Learned Counsel for the assessee submitted that in view of the order of the Tribunal quashing the order passed u/s. 263 of the Act the appeal filed by the Revenue arising out of the consequential order passed giving effect to the order of the Ld. Commissioner of Income Tax passed u/s. 263 of the Act, becomes infructuous.
Ld.DR fairly submitted the that ITAT quashed the 263 order and therefore consequential proceedings will not stand.
(A.Y: 2014-15) Shri Arun Surendraprasad Tripathi 5. On hearing rival contentions and perusing the order of the Ld.CIT(A), we find that the Tribunal by order in ITA.No. 2560/Mum/2018 dated 28.11.2018 has set aside the revision order passed u/s. 263 by the Ld.CIT–5. Therefore, since the revision order itself was set-aside by the Tribunal, the consequential Assessment Order passed u/s. 143(3) r.w.s. 263 of the Act will not survive and consequently the present appeal of the Revenue becomes infructuous.
In the result, appeal of the Revenue is dismissed as infructuous.
Order pronounced on 01.10.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.