ACIT CENTRAL CIRCLE 2(1), CHENNAI vs. CAVINKARE PVT. LTD., CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that once the CIT's order under Section 263 was set aside by the ITAT, the consequential order passed by the Assessing Officer had no basis. Therefore, the CIT(A) was justified in setting aside the Assessing Officer's order.
What were the facts?
The Revenue appealed against the CIT(A)'s order which had set aside the Assessing Officer's order. The Assessing Officer's order was passed pursuant to directions from the CIT under Section 263. The assessee had previously appealed the CIT's Section 263 order before the ITAT.
What were the issues?
Whether the CIT(A) was justified in setting aside the AO's order when the underlying CIT's order under Section 263 had been annulled by the ITAT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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