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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.