PIRAMAL ENTERPRISES LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX MUMBAI - 8, MUMBAI

Representatives were heard at length. Case records carefully perused and the relevant documentary evidence duly considered in light of Rule 18(6) of the ITAT Rules. 2

The peculiar facts and circumstances of the case is that the assessment order dt. 26/02/2022 which is the subject matter for the assumption of juri iction u/s 263 of the Act has been annulled by this Tribunal in ITA No. 727/Mum/2022, order dt. 28/12/2022. Since the base has been removed, the superstructure must fall. The relevant findings of the Tribunal read as under:- “7. 2. In view of above directions of the Hon’ble Bombay High Court, it is amply clear that the draft assessment order has been held to be unsustainable and the Ld. DRP has also restrained form issuing any direction. In such circumstances, the Ld. Assessing Officer could not have proceeded in passing this final assessment order. Once the draft assessment order passed itself has been set aside, in absence of which final assessment order passed is also not sustainable in law. Accordingly, we quash this impugned order of Ld. Assessing Officer as void and invalid in law. The ground No. 1 of the appeal of the assessee is accordingly allowed.

Since, we have held the impugned assessment order as void we are not required to adjudicate upon other grounds of appeal as same are rendered only academic.”