INCOME-TAX OFFICER, WARD -2, PANDHARPUR vs. SHRI. SOMESH NAGNATH KSHIRSAGAR, SOLAPUR

There is a delay of 79 days in presenting the appeals before the Tribunal. The ld. DR requested for condonation of delay. The Hon‟ble Supreme Court in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC) read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC) dated 08-03-2021 and 421 ITR 314 has taken a suo motu cognizance of the situation arising out of the challenges faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country and accordingly extended the time limit for filing of appeals. In view of this position, we condone the delay in filing the instant appeals and admit the same for disposal on merits.

Briefly, the facts of the case are that the assessments for these three years were completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). Thereafter, the CIT invoked the jurisdiction u/s 263 by declaring the assessment orders to be an erroneous and prejudicial to the interest of Revenue. The Assessing Officer (AO) made certain additions in the instant proceedings u/s 143(3) r.w.s.

The CIT(A) quashed the assessments on the ground that the order passed by the CIT u/s 263 for all the three years was reversed by the Tribunal. Aggrieved thereby, the Revenue has come up in appeal before the Tribunal.

Having regard to the facts and circumstances of all the three years under consideration, it is seen that the foundation for the instant assessment proceedings lies in the order passed by the ld. CIT u/s 263. The Tribunal, vide its order dated 12.02.2020, has set aside and quashed the order passed u/s 263. Since the bedrock for the extant assessment proceedings, being, the order u/s 263 has been quashed, all the subsequent proceedings arising from such order are also liable to meet the same fate. We, therefore, approve the view taken by the CIT(A) in quashing the consequential assessments made by the AO.

In the result, all the three appeals stands dismissed. Order pronounced in the Open Court on 29th August, 2022.