ACIT, CIRCLE- 19(1), NEW DELHI vs. OSCAR INVESTMENT LTD., NEW DELHI

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ITA 5174/DEL/2017Status: DisposedITAT Delhi11 August 2020AY 2011-124 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 the order under Section 263, which was the basis for the impugned assessment order, had been quashed. Therefore, all resultant proceedings would not survive. The appeal was dismissed as it became an academic discussion.

What were the facts?

The Assessing Officer (AO) made an addition of Rs. 1.92 crore under Section 14A read with Rule 8D. The Principal CIT initiated proceedings under Section 263, directing the AO to re-compute the disallowance. The AO subsequently made an addition of Rs. 1,99,50,112/-. The CIT(A) deleted this addition.

What were the issues?

Whether the assessment order passed pursuant to a Section 263 order that was subsequently quashed is valid.

Which sections of the Income-tax Act were involved?

Section 14A,Section 263

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

Hearing: 10.08.2020Pronounced: 11.08.2020

ORDER PER BHAVNESH SAINI, J.M.

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-7, New Delhi, Dated 31.05.2017, for the A.Y. 2011-2012, challenging the Order of Ld. CIT(A) in deleting the additional disallowance of Rs.1,99,50,112/- made by A.O. under section 14A read with Rule 8D of the I.T. Rules.

2 ITA.No.5174/Del./2017 M/s. Oscar Investments Ltd., New Delhi.

2.

Briefly the facts of the case are that assessee filed return of income on 23.09.2011 declaring income of Rs.69 crores under normal provisions and Rs.68.42 crores under section 115JB of the I.T. Act, 1961. The original assessment was completed under section 143(3) on a total income of Rs.70.93 crores on 17.06.2013. The A.O. made addition of Rs.1.92 crore on account of administrative and other expenses in terms of Rule 8D (2)(iii) of the I.T. Act. The Ld. Pr. CIT considered it to be erroneous in so far as prejudicial to the interests of Revenue, initiated proceedings under section 263 of the I.T. Act, 1961. The Ld. Pr. CIT passed the Order under section 263 of the I.T. Act on 07.03.2016 and directed to re-compute the deduction under section 14A of the I.T. Act read with Rule 8D(2) of the I.T. Rules. The A.O. pursuant to the Order of the Ld. Pr. CIT under section 263 of the I.T. Act, passed the assessment order under section 143(3)/263 of the I.T. Act, 1961dated 02.05.2016 making the above addition against the assessee. The Ld. CIT(A), however, deleted the addition.

3 ITA.No.5174/Del./2017 M/s. Oscar Investments Ltd., New Delhi. 3. We have heard the Learned Representatives of both the parties through video conferencing.

4.

Learned Counsel for the Assessee at the outset submitted that the Order under section 263 of the I.T. Act Dated 07.03.2016 remained subject to appeal before ITAT B-Bench, Delhi in ITA.No.2823/Del./2016 and the same have been quashed by the Tribunal vide Order Dated 04.11.2019. Copy of the Order is placed on record. The Ld. D.R. did not dispute the same.

5.

Considering the above facts, it is clear that the impugned assessment order was passed in pursuance to the Order passed by the Ld. Pr. CIT under section 263 of the I.T. Act whereby the impugned addition have been made. Since the Order under section 263 of the I.T. Act have been quashed, therefore, all resultant proceedings would not survive under the Law. The Departmental Appeals is thus left with academic discussion only and would not survive. In view of the above, we dismiss the Departmental Appeal.

4 ITA.No.5174/Del./2017 M/s. Oscar Investments Ltd., New Delhi. 6. In the result, appeal of the Department dismissed.

Order pronounced in the open Court.

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