HIND LAMPS LIMITED,SHIKOHABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), AGRA, AGRA

PDF · subscribers
ITA 234/AGR/2024Status: DisposedITAT Agra12 February 2025AY 2015-16Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 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 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.

What were the 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.

What were the issues?

Whether the second round of assessment, initiated after PCIT's revision directions which were previously overturned, is valid.

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, “DB” BENCH, AGRA

Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL

Hearing: 12.02.2025Pronounced: 12.02.2025

ORDER

PER SATBEER SINGH GODARA, JUDICIAL MEMBER:

1.

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’].

2.

Heard both parties at length. Case file perused.

3.

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.

4.

This assessee’s appeal is allowed.

Order pronounced in the open court on 12.02.2025

More judgments on Section 263

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

Recent GST High Court judgments

Search GST case law →