DIPAK KUMAR DEY,HOOGHLY vs. ITO, WARD 27(3), HALDIA, PURBA MEDINIPUR

PDF · subscribers
ITA 545/KOL/2017Status: DisposedITAT Kolkata08 November 2017AY 2010-113 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the revisionary order under Section 263 was cancelled by the jurisdictional ITAT, the consequential order passed by the Assessing Officer under Section 143(3) had no basis. Therefore, the Assessing Officer's order was cancelled.

What were the facts?

The assessee's appeal was against an order confirming the Assessing Officer's order passed under Section 143(3) read with Section 263 of the Income Tax Act. The ITAT had previously cancelled the revisionary order passed under Section 263.

What were the issues?

The primary issue was the validity of the Assessing Officer's order passed pursuant to a revisionary order that was subsequently cancelled.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy]

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-7, Kolkata (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 02/02/2017, for the Assessment Year 2010-11, wherein the order passed by the Assessing Officer u/s 143(3) r.w.s. 263 of the Act was confirmed.

Assessment Year: 2010-11 Dipak Kumar Dey

2.

The Jurisdictional ITAT in ITA 768/Kol/2015, order dt. 8th September, 2017, has cancelled the order passed u/s 263 of the Act, dt. 30/03/2015 by the ld. Pr. CIT. Consequently the order passed by the Assessing Officer u/s 143(3) in pursuance to the revisionary order passed u/s 263 of the Act, has no legs to stand on. Hence, the same is cancelled.

3.

In the result, the appeal of the assessee is allowed.

Kolkata, the 8th day of November, 2017. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 08.11.2017 {SC SPS} Copy of the order forwarded to: 1. Dipak Kumar Dey C/o. S.N. Ghosh & Associates, Advocates Seven Brothers’ Lodge P.O. Buroshibtala P.S. Chinsurah Dist. Hooghly Pin – 712 105 2. ITO Ward 27(3), Haldia Income Tax Office Basudevpur, Tlukpur, Khanjan Chowk P.S. Haldia Dist. Purba Midnapore Pin – 721 602

3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →