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

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.

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.

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