DCIT CIR 6(2)(1), MUMBAI vs. COASTAL GUJARAT POWER LTD, MUMBAI

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ITA 1417/MUM/2016Status: DisposedITAT Mumbai21 March 2018AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that its prior order had set aside the revision order under Section 263. Consequently, the assessment order passed giving effect to the revision order would not survive.

What were the facts?

The Revenue filed an appeal against an order passed under Section 143(3) read with Section 263 of the Income Tax Act. The assessee's counsel submitted that a previous Tribunal order had already set aside the revision order passed under Section 263.

What were the issues?

Whether the Revenue's appeal becomes infructuous when the underlying revision order has been set aside by a higher tribunal.

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, MUMBAI BENCH “C”, MUMBAI

Before: SHRI C.N. PRASAD, HONBLE & SHRI MANOJ KUMAR AGGARWAL, HONBLEShri Milin Thakore Shri H.N. Singh

For Appellant: Shri Milin Thakore
For Respondent: Shri H.N. Singh
Hearing: 10.01.2018Pronounced: 21.03.2018

O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the Revenue against the order of Ld.CIT(A)-12 Mumbai dated 21.12.2015 for the Assessment Year 2009-10 arising out of the order passed u/s. 143(3) r.w.s. 263 of the Act.

2.

At the outset, Learned Counsel for the assessee submitted that the appeal filed by the assessee against the order passed u/s. 263 by the Ld. Commissioner of Income Tax-6 has been allowed and the order of (A.Y: 2009-10) M/s. Coastal Gujarat Power Ltd., revision has been set aside by the Tribunal in ITA.No. 1410/Mum/2015 dated 06.11.2015. He further submitted that Ld.CIT(A) allowed the appeal of the assessee taking note of the order passed by the Tribunal. Therefore, Learned Counsel for the assessee submitted that in view of the order of the Tribunal setting aside the order passed u/s. 263 of the Act the appeal filed by the Revenue arising out of the consequential order passed giving effect to Commissioner of Income Tax order becomes infructuous.

3.

On hearing rival contentions and perusing the order of the Ld.CIT(A), we find that the Tribunal by order in ITA.No. 1410/Mum/2015 dated 06.11.2015 has set aside the revision order passed u/s. 263 by the Ld.CIT–6. Therefore, since the revision order itself was set-aside by the Tribunal the consequential Assessment Order passed u/s. 143(3) r.w.s. 263 will not survive and consequently the present appeal of the Revenue becomes infructuous.

4.

In the result, appeal of the Revenue is dismissed as infructuous.

Order pronounced in the open court on the 21st March, 2018.

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