ACIT, CIRCLE- 5(2), NEW DELHI vs. CELEBI DELHI CARGO TERMINAL MANAGEMENT INDIA PVT. LTD., NEW DELHI

PDF · subscribers
ITA 6130/DEL/2017Status: DisposedITAT Delhi08 February 2019AY 2011-124 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the basis of the revised assessment order (the PCIT's order under Section 263) was quashed by the Tribunal itself, the subsequent assessment order and the CIT(A)'s order became non est.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of additions made by the Assessing Officer concerning deduction under Section 80IA and other disallowances. The original assessment order was set aside by the PCIT under Section 263, and a revised assessment order was passed.

What were the issues?

Whether the assessment order passed after the PCIT's order under Section 263 is valid when the PCIT's order is subsequently quashed by the Tribunal.

Which sections of the Income-tax Act were involved?

Section 80IA,Section 263,Section 143(3),Section 143(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

For Appellant: Shri Ronak Doshi, CA, Shri Ishleen Sethi, CA
For Respondent: Shri Surendra Meena, Sr. DR
Hearing: 05.02.2019Pronounced: 08.02.2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the ld. CIT(A) – 13, New Delhi dated 17.07.2017 pertaining to A.Y 2011-12.

2.

The Revenue is aggrieved by the deletion of addition of Rs. 83,15,39,055/- made by the Assessing Officer on account of deduction u/s 80IA of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] and is further aggrieved by the deletion of disallowances of Rs. 16,03,825/- and Rs. 23,96,175/- made by the Assessing Officer.

3.

Assessment order dated 31.12.2016 was framed u/s 143(3) r.w.s 263 of the Act. The first assessment order dated 14.03.2014 framed u/s 143(2) of the Act was set aside by the ld. PCIT u/s 263 of the Act vide order dated 31.03.2016.

4.

The assessee assailed the order of the PCIT framed u/s 263 of the Act before the Tribunal and the Tribunal in vide order dated 23.10.2018, set aside the order of the PCIT and restored that of the Assessing Officer. The operative part of the order of the Tribunal reads as under:

“31. In view of the above discussion on the facts vis a vis the judicial pronouncements on the subject, we set aside the order of the ld. PCIT and restore that of the Assessing Officer dated 14.03.2104 framed u/s 143(3) of the Act.”

5.

Since the basis of the present assessment order has been quashed by the Tribunal, the subsequent assessment order and the order of the first appellate authority become non est.

6.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 08.02.2019.

More judgments on Section 80IA

All 1,796 judgments and leading authorities on Section 80IA →

Recent GST High Court judgments

Search GST case law →