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Income Tax Appellate Tribunal, ‘A’ BENCH : CHENNAI
Before: SHRI ABRAHAM P. GEORGE & SHRI DUVVURU RL REDDY]
आदेश / O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER
In this appeal filed by the Revenue, it is aggrieved that ld. Commissioner of Income Tax (Appeals) had set aside the order passed by the ld. Assessing Officer u/s.143(3) of the Income Tax Act, 1961 (in short ‘’the Act’’’) r.w.s. 263 of the Act, observing that the ITA No.1074/2018 :- 2 -:
order passed by the ld. Commissioner of Income Tax under Section 263 of the Act stood annulled by this Tribunal.
Ld. Departmental Representative submitted that order passed by the Tribunal setting aside the directions of the ld. CIT u/s.263 of the Act, for impugned assessment year had not become final since Revenue has preferred further appeal before Jurisdictional High Court.
Per contra, ld. Authorised Representative strongly supported the order of the ld. Commissioner of Income Tax (Appeals).
We have considered the rival contentions and perused the 4. orders of the authorities below. The order passed by the ld. Assessing Officer was pursuant to directions of ld. CIT u/s.263 of the Act. The directions of the ld. Commissioner of Income Tax u/s.263 of the Act was carried in appeal by the assessee before this Tribunal. This Tribunal vide its order dated 22.02.2013 in & 1232/Mds/2012 had set aside the order passed by the ld. CIT u/s.263 of the Act. Once the order u/s.263 of the Act was set aside, consequential order passed by the ld. Assessing Officer will have no legs to stand. Sub-stratum for making such an order had disappeared. In the circumstances, we are of the opinion that ld. Commissioner of Income Tax (Appeals) was justified in setting aside
ITA No.1074/2018 :- 3 -: the order of the ld. Assessing Officer. We do not find any reason to interfere with the order of the ld. Commissioner of Income Tax (Appeals).
In the result, the appeal of the Revenue stands dismissed. 5.
Order pronounced on Monday, the 19th day of November, 2018, at Chennai.