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Facts
The assessee filed an appeal against the order of the Learned Commissioner of Income Tax (Appeals)-29 for Assessment Year 2014-15. The CIT(A) order was consequential to an order passed under section 263 of the Income Tax Act.
Held
The Tribunal noted that the original order under section 263, which formed the basis of the CIT(A) order, had already been quashed by the Tribunal in an earlier case (ITA No.4651/Del/2019, dated 06.07.2022). Consequently, the consequential CIT(A) order did not survive. Therefore, the appeal filed by the assessee was allowed.
Key Issues
Whether a CIT(A) order, which is consequential to a Section 263 order, survives when the original Section 263 order has been quashed by the Tribunal.
Sections Cited
Section 263
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Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI CHALLA NAGENDRA PRASAD
ORDER PER SHAMIM YAHYA, AM,
This appeal by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-29, New Delhi, dated 19.10.2023 pertaining to Assessment Year 2014-15.
At the outset, in this case, it is noted that the ld. CIT(A) order is consequential to the order u/s 263 of the Act. It is noted that the said order u/s 263 has been quashed by the Tribunal in vide order dated 06.07.2022. In view of the matter, this consequential order of the Ld. CIT(A) does not survive, hence, the appeal of the assessee is allowed.
In the result, the appeal of the assessee stands allowed.
Order pronounced in the open court on 27th February, 2024.