DCIT CC8 (1), MUMBAI vs. M/S MARIE GOLD REALTORS PVT LTD., MUMBAI

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ITA 6251/MUM/2019Status: DisposedITAT Mumbai13 September 2021AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that if an order passed under Section 263 is set aside, any assessment order made in pursuance to it will not survive. Therefore, there was no reason to interfere with the CIT(A)'s findings.

What were the facts?

The Revenue appealed against the CIT(A)'s order which allowed the assessee's appeal. The CIT(A) had quashed an order passed under Section 263 of the Income Tax Act. Consequently, the assessment order passed pursuant to the Section 263 order was also deemed invalid.

What were the issues?

Whether an assessment order passed pursuant to a Section 263 order survives if the Section 263 order itself is quashed.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

Before: SHRI MAHAVIR SINGH & SHRI S. RIFAUR RAHMAN

For Appellant: Dr. K. Shivarama, AR
For Respondent: Ms. Leena Srivastava, CIT-DR, Dr. K. Shivarama, AR
Hearing: 15/07/2021Pronounced: 13/09/2021

ORDER PER S. RIFAUR RAHMAN, A.M. The captioned appeals filed by the Revenue are directed against the respective orders passed by the CIT(A)-50, Mumbai dated 24.07.2019 for AYs 2013-14 & 2015-16. As the issue involved in the captioned appeals are inextricably interlinked or in fact interwoven and having common issue, the same are therefore being taken up and disposed off by way of a consolidated order. Facts being identical we begin with the AY 2013-14.

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