SRI. P. SHYAMARAJU,BANGALORE vs. DCIT, BANGALORE

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ITA 986/BANG/2014Status: DisposedITAT Bangalore11 October 2019AY 2003-042 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

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?

Section 143(3),Section 263

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

For Appellant: Shri Narendra Sharma, Advocate
For Respondent: Shri K. V. Aravind, Standing Counsel
Hearing: 12.09.2019Pronounced: 11.10.2019

O R D E R

Per Shri A.K. Garodia, Accountant Member

1.

This appeal is filed by the assessee and it is directed against the order of learned CIT (A) VI, Bangalore dated 25.03.2014.

2.

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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