ACIT 13(3)(2), MUMBAI vs. M/S LHOTSE DEVELOPERS & TRADING PVT. LTD., MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the order passed by the CIT under Section 263 was quashed, the consequential order passed by the AO to give effect to it had no basis. Therefore, the CIT(A)'s decision that the AO's order did not survive was upheld.
What were the facts?
The Revenue appealed against the CIT(A)'s order concerning an assessment under Section 143(3) read with Section 263 of the Income Tax Act. The Tribunal had previously quashed the CIT's order passed under Section 263.
What were the issues?
Whether a consequential assessment order passed by the AO survives when the underlying order of the CIT under Section 263, which it was meant to give effect to, has been quashed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A Bench, Mumbai
Before: Shri R.C. Sharma & Shri Pawan Singh
This is an appeal filed by the Revenue against the order of the CIT(A)-20, Mumbai for A.Y. 2012-13, in the matter of order passed by the AO under Sections 143(3) r.w.s. 263 of Income Tax Act, 1961 (hereinafter "the Act").
At the outset the learned A.R. placed on record the order of the Tribunal in dated 31st July, 2018 wherein the order passed by the CIT under Section 263 of the Act was quashed.
However, we find that the AO has passed order to give effect to the order passed the CIT under Section 263 of the Act. Since the order passed by the CIT under Section 263 of the Act did not survive, therefore the consequential order passed by the AO has no legs to stand. Accordingly we
M/s. Lhotse Developers & Trading Pvt. Ltd. do not find any infirmity in the order of the CIT(A) in holding that the order passed by the AO under Section 143 r.w.s. 263 of the Act do not survive.
In the result, the appeal filed by the Revenue is dismissed.
More judgments on Section 263
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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