Loading judgment…
Facts
The assessees challenged fresh assessment orders for AY 2014-15, passed by the AO under Section 263 r.w.s. 143(3) following revision orders by the PCIT, which were upheld by the CIT(A). The assessees had previously challenged the PCIT's revision orders before the ITAT, and those revision orders were quashed by an ITAT order dated 13.01.2021. The present appeals were filed with a delay.
Held
The ITAT condoned the delays in filing the appeals. It held that since the original revision orders passed by the PCIT under Section 263 had already been quashed by an earlier ITAT order, the consequential fresh assessment orders passed by the AO became infructuous and were also quashed.
Key Issues
Whether fresh assessment orders passed consequent to revision orders are valid when the revision orders themselves have been quashed by an earlier ITAT order, and condonation of delay in filing appeals.
Sections Cited
143(3), 263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
आदेश/ O R D E R
Per Bench:
The captioned three appeals by three different assessees challenge three separate orders of first appeal dated 29.01.2024, 21.08.2023 & 22.04.2024, all passed by learned Commissioner of Income-Tax (Appeals), NFAC, Delhi [“CIT(A)”] which in turn arise out of respective assessment-orders dated 23.12.2019 passed by learned ITO, Ward-1, Dewas [“AO”] u/s 143(3) r.w.s.
263 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2014-15.
The background facts leading to filing of present three appeals are identical. In all these cases, initially assessment-orders were passed by AO u/s 143(3). Thereafter, the Principal Commissioner of Income-tax [“PCIT”] passed revision-orders u/s 263 whereby the assessment-orders were set aside and the AO was directed to pass fresh orders. Pursuant to revision- orders, the AO passed fresh assessment-orders dated 23.12.2019 u/s 263 r.w.s. 143(3) after making certain additions. The assessees then filed first- appeals to CIT(A) assailing the orders of fresh assessment but did not get any success. Now, the assessees have come before us in next appeals.
Manoj Mundra and Others to 536/Ind/2024 – AY 2014-15 3. The Registry has informed a delay of 103 days, 233 days and 20 days respectively in filing these appeals and therefore time-barred. Ld. AR for assessee firstly submitted that the assessees have filed condonation applications supported by affidavits. Referring to para 5 & 6 of the affidavits, Ld. AR submitted that the present matters emanate from revision-orders passed by PCIT u/s 263; that the assessee filed appeals before ITAT, Indore against concerned revision orders; that the appeals of assessee were decided by ITAT, Indore through a consolidated order dated 13.01.2021 in favour of assessee wherein the revision-orders were quashed. Therefore, the assessees gained an understanding that their cases have been closed and do not require any action in present matters. Subsequently, when the counsel guided that filing of appeals is also required in present matters, the assessees arranged to file these appeals. Hence, there occurred delays. On merits of cases, Ld. AR submitted that since the revision-orders passed u/s 263 have already been quashed by ITAT’s aforesaid order dated 13.01.2021, the consequential fresh assessment-orders passed by AO u/s 263 r.w.s.
143(3), which give rise to present appeals, have also become infructuous. Ld. AR has filed copy of aforesaid order of ITAT, Indore dated 13.01.2021. Page 3 of 4
Manoj Mundra and Others to 536/Ind/2024 – AY 2014-15 Therefore, the present appeals deserve to be allowed. Ld. AR accordingly prayed that the delays in filing appeals ought to be condoned and also present appeals be allowed. Ld. DR for revenue agrees to the submission and prayer of Ld. AR. Faced with this situation, the delays in filing present appeals are hereby condoned and also the present appeals are allowed with the result that the impugned orders of fresh assessment dated 23.12.2019 passed by AO are quashed.
Resultantly, these appeals are allowed.
Order pronounced by putting on notice board as per Rule 34 of ITAT Rules, 1963 on 31/01/2025