SRI. P. SHYAMARAJU,BANGALORE vs. DCIT, BANGALORE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the CIT's order under section 263 had been cancelled by a previous tribunal order. Consequently, the assessment order passed under section 143(3) read with section 263 was also set aside.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. The assessment order was passed under section 143(3) read with section 263 of the Income Tax Act. The assessee argued that the assessment order should be set aside as the CIT's order under section 263 was cancelled by the tribunal.
What were the issues?
Whether the assessment order passed under section 143(3) r.w.s. 263 is valid when the order of the CIT under section 263 has been cancelled.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI ARUN KUMAR GARODIA & B SHRI PAVAN KUMAR GADALE
O R D E R
Per Shri A.K. Garodia, Accountant Member
This appeal is filed by the assessee and it is directed against the order of learned CIT (A) VI, Bangalore dated 25.03.2014.
At the very outset, it was submitted by the learned AR of the assessee that this appeal is arising out of the assessment order passed by the AO as on 19.12.2011 u/s 143 (3) r.w.s. 263 but this assessment order has to be set aside because the order of CIT u/s 263 is cancelled by the tribunal in dated 30.07.2015 and he submitted a copy of this tribunal order. In reply, learned DR of the revenue had nothing to say. Accordingly, this assessment order passed u/s 143 (3) r.w.s. 263 is set aside. 3. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on the date mentioned on the caption page. Sd/- Sd/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) Judicial Member Accountant Member Bangalore, Dated, the 11th October, 2019. /MS/
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- 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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