PRADEEP CHAUHAN,AGRA vs. ITO, WARD 1(1)(2), AGRA, AGRA

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ITA 60/AGR/2025Status: DisposedITAT Agra03 April 2025AY 2017-18Bench: SHRI SUNIL KUMAR SINGH (Judicial Member), SHRI BRAJESH KUMAR SINGH (Accountant Member)3 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that once the revisionary order under Section 263 is quashed, all subsequent proceedings, including the assessment order and the CIT(A)'s order, become redundant and infructuous.

What were the facts?

The assessee's appeal arose from an assessment order passed pursuant to a revisionary order under Section 263. The ITAT had previously quashed the Section 263 order.

What were the issues?

Whether the assessment order and the CIT(A)'s order survive when the underlying revisionary order under Section 263 has been quashed by the Tribunal.

Which sections of the Income-tax Act were involved?

Section 263,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

Before: SHRI SUNIL KUMAR SINGH & SHRI BRAJESH KUMAR SINGH

Hearing: 03.04.2025Pronounced: 03.04.2025

ORDER

Per Sunil Kumar Singh, Judicial Member:

1.

This appeal has been preferred by assessee against the impugned order dated 17.12.2024 passed in Appeal No. NFAC/2016-17/10238408 by the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi u/s. 250(6) of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) wherein the ld. CIT(Appeals) dismissed the first appeal filed by the assessee.

2.

Heard both the parties and perused the records.

3.

During the course of hearing, it was submitted by the ld. Representative for the assessee that the present appeal originates from the assessment order dated 21.03.2023, which was passed in pursuance to the revisionary order dated 30.03.2022 passed by learned PCIT u/s. 263 of the Act. It is further submitted that since, the aforesaid order u/s. 263 dated 30.03.2022 has been quashed by the ITAT in assessee’s appeal No. 41/Agr/2022 vide order dated 12.02.2025, the impugned assessment order passed in pursuance to such order u/s. 263 and the impugned order of ld. CIT(Appeals) do not survive.

4.

Learned Departmental Representative for the Revenue supported the impugned order.

5.

Keeping in view the uncontroverted contention of the assessee, we find that once the order u/s. 263 of the Act stands quashed by the Tribunal, all proceedings made in pursuance thereto become redundant and infructuous. Accordingly, the appeal of the assessee, being against non-est orders, deserves to be dismissed as infructuous.

6.

In the result, the appeal is dismissed as infructuous.

Order pronounced in the open court on 03.04.2025.

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