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Facts
The assessee company's appeal was against an order passed by the AO under section 143(3) r.w.s 263 of the Income Tax Act, 1961. The Hon'ble Kerala High Court had previously held that a revision order passed under section 263 of the Act could not be sustained.
Held
The Kerala High Court quashed the proceedings under section 263 of the Act. Consequently, the order passed under section 263 did not survive, making the appeal filed by the assessee infructuous.
Key Issues
Whether the consequential order passed under section 263 of the Income Tax Act, 1961, survives after the High Court quashed the revision proceedings.
Sections Cited
143(3), 263, 263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI MANU KUMAR GIRI, JM
O R D E R Per: Inturi Rama Rao, AM This appeal by the assessee company is directed against the order passed by the AO u/s. 143(3) r.w.s 263 of Income Tax Act, 1961 (hereinafter "the Act").
The Hon'ble Kerala High Court in of 2024 dated 31.10.2025 held that the order of revision passed u/s. 263 of the Act cannot be sustained in the eyes of law. Accordingly, quashed the proceedings u/s. 263 of the Act. Therefore, the consequential order
In the result, the appeal filed by the assessee stands dismissed.
Order pronounced in the open court on 7th November, 2025.