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Facts
The assessee's appeal for assessment year 2015-16 arose against the order of the CIT(A)/NFAC. The proceedings involved were under section 143(3) read with section 263 of the Income-tax Act, 1961, where the Assessing Officer had framed an assessment on 31.03.2022.
Held
The Tribunal noted that a previous order of the co-ordinate bench in ITA No. 32/Agr./2021 had already reversed the PCIT's revision directions. Therefore, the Tribunal applied the principle 'sublato fundamento cadit opus', meaning when the foundation is removed, the superstructure falls, concluding that the second round of assessment lacked basis.
Key Issues
Whether the second round of assessment, initiated after PCIT's revision directions which were previously overturned, is valid.
Sections Cited
143(3), 263, 1961
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Income Tax Appellate Tribunal, “DB” BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
PER SATBEER SINGH GODARA, JUDICIAL MEMBER:
This assessee’s appeal for assessment year 2015-16 arises against Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”] Delhi’s DIN and Order No. ITBA/NFAC/S/250/2024-25/1064350765(1) dated 25.04.2024, involving proceedings u/s 143(3) r.w.s. 263 of the Income-tax Act, 1961, [hereinafter referred to as the ‘Act’].
Heard both parties at length. Case file perused.
It emerges at the outset that relevant proceedings herein are u/s 143 r.w.s 263 of the Act wherein the learned Assessing Officer has framed his assessment on 31.03.2022. And that this tribunal’s earlier Learned co-ordinate bench order dated 14.10.2021 in assessee’s appeal ITA No. 32/Agr./2021 as reversed the PCIT revision directions dated 28.12.2017 itself and therefore, we quote sublato fundamento cadit opus i.e. when the foundation goes, any superstructure raised thereupon automatically falls, to conclude that the impugned second round assessment has no legs to stand. The same stands quashed in very terms.
This assessee’s appeal is allowed.
Order pronounced in the open court on 12.02.2025