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

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ITA 484/PUN/2020Status: DisposedITAT Pune29 August 20224 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 since the order passed by the CIT under Section 263 was quashed, all subsequent proceedings arising from it were also liable to be quashed. Therefore, the CIT(A)'s view was approved.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order which quashed assessments. The CIT(A) had quashed the assessments because the foundational order passed by the CIT under Section 263 was itself set aside by the Tribunal.

What were the issues?

Whether consequential assessment orders are valid when the order initiating the revision proceedings under Section 263 is set aside.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

Detected automatically from the text. The count shows how many other judgments on BharatTax rely on the same authority.

  • 438 ITR 296
    438 ITR 296 · 2021 · SC
    196 citing
  • 432 ITR 206
    432 ITR 206 · 2020 · SC
    182 citing
  • 421 ITR 314
    421 ITR 314 · SC
    172 citing

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Pratik B. Sandhbhor
For Respondent: Shri M.G. Jasnani

Assessee by Shri Pratik B. Sandhbhor Revenue by Shri M.G. Jasnani Date of hearing 26-08-2022 Date of pronouncement 29-08-2022 आदेश / ORDER PER R.S. SYAL, VP : These three appeals by the Revenue arise out of a common order passed by the CIT(A) on 18-02-2020 for the assessment years 2010-11 to 2012-13.

2.

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.

3.

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.

263.

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.

4.

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.

5.

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

Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; ददिधांक Dated : 29th August, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2.

3. The CIT(A)-7, Pune 4. The Pr.CIT-6, Pune 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune गार्ड फाईल / Guard file 6. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 26-08-2022 Sr.PS 2. Draft placed before author 29-08-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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