DCIT 4(1)(1), MUMBAI vs. EDELWEISS SECURITIES P.LTD, MUMBAI

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ITA 5571/MUM/2015Status: DisposedITAT Mumbai20 September 2017AY 2008-092 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 held that since the order of the CIT under section 263 was quashed by the ITAT, the consequential order passed by the AO became infructuous and not maintainable. Therefore, the appeal filed by the revenue was dismissed.

What were the facts?

The revenue filed an appeal against an order passed by the AO under section 143(3) read with section 263. The assessee argued that the appeal was infructuous because the ITAT had already set aside the CIT's order under section 263, which was the basis for the AO's order.

What were the issues?

Whether an appeal filed by the revenue against an AO's order, passed pursuant to a CIT's direction under section 263, becomes infructuous if the CIT's order is subsequently quashed by the ITAT.

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 “E”, MUMBAI

Before: Shri Joginder Singh & Shri G Manjunatha

For Appellant: Shri Pravin Kumar
For Respondent: Shri Ravikani S Pathak

O R D E R Per G Manjunatha, AM : This appeal filed by the assessee is directed against the order of the CIT(A)-9, Mumbai dated 22-09-2015 and it pertains to AY 2008-09. 2. When this appeal was called up for hearing, the Ld.AR for the assessee at the outset, submitted that the appeal filed by the revenue becomes infructuous and not maintainable as this appeal has been filed against the order of AO passed u/s 143(3) r.w.s.263 in pursuance of a direction of CIT u/s 263 of the Income-tax Act, 1961. The Ld.AR further submitted tht the ITAT, Mumbai Bench “E” in dated 09-09-2015 has set aside

CIT u/s 263 of the Act and restored the order of the AO. Since the order passed by the CIT u/s 263 has been quashed by the ITAT, the consequential order passed by the AO in pursuance of direction of the CIT u/s 263 becomes infructuous and not maintainable. The CIT(A), after considering the relevant facts of the case has rightly allowed the appeal filed by the assessee. Hence, we dismiss the appeal filed by the revenue as infructuous.

3.

In the result, appeal filed by the revenue is dismissed. Order pronounced in the open court on 20th September, 2017.

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