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Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU
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.
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.
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.
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.
In the result appeal of the assessee is allowed.