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Income Tax Appellate Tribunal, ‘B’ BENCH, PUNE
ORDER PER PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Both these appeals preferred by the Revenue emanates from order of the ld. Commissioner of Income Tax (Appeals)- 1, Pune, dated 28-01-2019 for A.Y. 2009-10 & 2010-11 as per the grounds of appeal on record.
At the very outset the parties herein submitted that the facts and issues in both these appeals are identical and similar and therefore, these cases were heard together and are disposed of by this consolidated order.
In both these appeals directed against the order of ld. CIT(A) vide para 4, the ld. CIT(A) has observed that vide judgment of Pune Bench of the Tribunal in and 1635/PUN/2014 for A.Y. 2009-10 and 2010-11 the Tribunal has quashed the order of CIT-IV Pune u/s 263 dated 11-03-2014. In view of the fact that the Tribunal has quashed the order passed u/s 263 of the Act and in consequence to the said the ld. CIT(A) was justified in quashing consequential the order passed by the A.O u/s 143(3) r.w.s. 263 of the Act. 4. We have perused the Tribunal’s order in ITA No. 1013 and 1635/PUN/2014 for A.Y. 2009-10 and 2010-11 and find that the order passed by the CIT u/s 263 of the Act was held to be invalid and was quashed for both the assessment years. The ld. CIT(A) therefore, relying on the said order of the Tribunal had held the consequential assessment order to be infructuous, null and void. We do not find any reason to interfere with the findings of the ld. CIT(A) which are upheld. 5. In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open Court on this 06th day of June 2022