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Income Tax Appellate Tribunal, H Bench, Mumbai
Before: Shri D.T. Garasia & Shri Rajesh KumarSmt. Malti S. Johri
Per Rajesh Kumar, AM
This appeal has been filed by the Revenue against the order of the CIT(A)-33, Mumbai dated 14.03.2016 for A.Y. 2008-09 which in turn arose out of the assessment framed under Section 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter “the Act”) and the assessee by way of cross objection challenges the filing of the appeal on the ground that the same does not survive in view of the fact that the ITAT, Mumbai vide order dated 25.10.2017 in which quashed the revisionary order passed by the Pr. Commissioner of Income Tax (hereinafter called as Pr. CIT ) under Section 263 dated 19.11.2012.
2 ITA 3960/M/2016 & C0 309/M/17 Smt. Malti S. Johri 2. The learned A.R. at the outset submitted that the revision order passed under Section 263 of the Act by the Pr CIT pursuant which the assessment was framed under Section 143(3) r.w.s. 263 of the Act stands quashed by the order of the Hon'ble ITAT in 2012 for A.Y. 2008-09 vide order dated 25.10.2017. The learned A.R. submitted that in view of the said order and the consequential actions and circumstances the appeal of the Revenue deserves to be dismissed on this ground.
The learned D.R. fairly agreed to the contentions of the learned A.R. of the assessee.
We heard the rival submissions and perused the material on record including the order of the Coordinate Bench passed in ITA No. 7504/Mum/2012 (supra). We find that the revisionary proceedings were quashed by the order of the Coordinate Bench. In view of the said fact the present appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is allowed. Order pronounced in the open court on 30th January, 2018. Sd/- Sd/- (D.T. Garasia) (Rajesh Kumar) Judicial Member Accountant Member