GAIL INDIA LTD.,NEW DELHI vs. DCIT (LTU), NEW DELHI

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ITA 6542/DEL/2015Status: DisposedITAT Delhi12 July 2018AY 2007-082 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 held that since the revisionary order under Section 263, which formed the basis for the subsequent assessment order, was quashed, the assessment proceedings became infructuous. Consequently, the impugned assessment order was quashed.

What were the facts?

The assessee filed an appeal against an assessment order passed under Section 143(3)/263. The CIT(A) had passed an order in pursuance of a revisionary order under Section 263. The assessee contended that the Section 263 order itself was quashed by the Tribunal.

What were the issues?

Whether an assessment order passed pursuant to a Section 263 revisionary order becomes infructuous if the Section 263 order is subsequently quashed.

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, DELHI BENCH “E”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Appellant: Shri Rohit Jain, Advocate, Ms. Deepashree Rao, CA, Shri Vibhu Gupta, CA
For Respondent: Shri Sujit Kumar, Sr. DR
Hearing: 05/07/2018

The aforesaid appeal has been filed by the assessee against impugned order dated 7.10.2015 passed by Ld. CIT(A)- 22, New Delhi for the quantum of assessment passed u/s 143(3)/263 passed in pursuance of order u/s 263 by the Ld. CIT for assessment year 2007- 08.

2.

At the outset Ld. Counsel for the assessee submitted that the order passed u/s 263 by Ld. CIT has been quashed by the Tribunal vide order dated 29.7.2016 in and therefore, the impugned proceedings/assessment order has become infructuous. A copy of the said order has also been filed before us.

3.

Ld. DR also admitted that the present appeal has been rendered infructuous in view of the fact that order u/s 263, itself has been quashed by the Tribunal.

4.

Since the present appeal has been filed by the assessee against order passed u/s 143(3) / 263 in pursuance of revisionary order dated 24.2.2012 passed u/s 263, therefore, when the main order passed u/s 263 has been quashed then the subsequent proceedings have been rendered infructuous. In the result the impugned assessment order is quashed as infructuous and consequently the appeal of the assessee is treated as allowed.

6.

In the result appeal of the assessee is allowed.

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