ITO -16(2)-4, MUMBAI vs. SHRI. INDERRAJ A TALWAR, MUMBAI

This appeal is filed by the revenue against order of the Learned Commissioner of Income Tax (Appeals)–5, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 18.03.2019 for the A.Y. 2012-13.

Inspite of issue of notice none appeared on behalf of the assessee nor any adjournment was sought by the assessee. Therefore, we proceed to dispose off this appeal on hearing Ld. DR on merits.

On a perusal of the grounds of appeal we noticed that revenue is challenging order of the Ld.CIT(A) in holding that the appeal filed against

We have perused the order of the Ld.CIT(A) and noticed that this Tribunal quashed the order passed by the Ld.CIT(A) u/s. 263 of the Act and restored the original Assessment Order passed u/s. 143(3) of the Act. Therefore, since the Tribunal quashed the order of the Ld.CIT, the consequential Assessment Order passed u/s. 143(3) r.w.s. 263 of the Act will not survive and any appeal against such order becomes infructuous. The appeal filed by the Revenue against the order of the Ld.CIT(A) which is arising out of order passed u/s. 143(3) r.w.s. 236 of the Act will also become infructuous and therefore, the Ld.CIT(A) has rightly accepted the contention of the assessee that no appeal will survive against the order u/s. 143(3) r.w.s. 263 of the Act.

In the result, appeal of the Revenue is dismissed.