ACIT, CIR. 2, NASHIK, NASHIK vs. ASHOKA BUILDCON LTD., NASHIK

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ITA 143/PUN/2010Status: DisposedITAT Pune22 November 2018AY 2003-043 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found merit in the assessee's submission. Since the assessment order was based on a section 263 order that was subsequently held invalid by the Tribunal, the assessment order did not survive.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which had set aside an assessment order passed under section 143(3) r.w.s. 263 of the Act. The assessee argued that a previous Tribunal order had already declared the section 263 order invalid.

What were the issues?

The validity of an assessment order passed under section 143(3) r.w.s. 263 when the underlying section 263 order has been held invalid by a higher authority.

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, PUNE BENCH “A”, PUNE

For Appellant: Shri Sanjeev Ghei
For Respondent: Shri Nikhil Pathak
Hearing: 22.11.2018Pronounced: 22.11.2018

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by Revenue is against the order of CIT(A)-II, Nashik, dated 30.10.2009 relating to assessment year 2003-04 against order passed under section 143(3) r.w.s. 263 of the Income-tax Act, 1961 (in short ‘the Act’).

ITA No.143/PUN/2010 2 Ashoka Buildcon Ltd.

2.

The present appeal filed by Revenue is against order of CIT(A), which had set aside the assessment order passed under section 143(3) r.w.s. 263 of the Act.

3.

The learned Authorized Representative for the assessee pointed out that the Tribunal vide order dated 24.09.2018 in ITA No.656/PUN/2008, relating to assessment year 2003-04 has held the order passed under section 263 of the Act to be both invalid and bad in law and the same was cancelled. Consequent thereto, the assessment order passed under section 143(3) r.w.s. 263 of the Act do not survive and hence the appeal of Revenue needs to be dismissed.

4.

We find merit in the plea of assessee since the basis for passing assessment order under section 143(3) r.w.s. 263 of the Act, was the order passed under section 263 of the Act. The Tribunal vide its order dated 24.09.2018 (supra) has held the said order to be invalid and bad in law and consequent thereto, the present appeal filed by Revenue does not stand and the same is dismissed.

5.

In the result, the appeal of Revenue is dismissed.

Order pronounced in open Court on this 22nd day of November, 2018.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 22nd November, 2018. GCVSR

ITA No.143/PUN/2010 3 Ashoka Buildcon Ltd.

आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : अऩीऱाथी / The Appellant; 1. प्रत्यथी / The Respondent; 2. आयकर आयुक्त(अऩीऱ) / The CIT(A)-II, Nashik; 3. 4. The CIT-I, Nashik; ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे “ए” / DR 5. ‘A’, ITAT, Pune; 6. गार्ड पाईऱ / Guard file. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune

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