ITO WD 29(2)(5), MUMBAI vs. PRATIMA PRAMOD NAGRECHA, MUMBAI

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ITA 3593/MUM/2015Status: DisposedITAT Mumbai12 July 2016AY 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 upheld the CIT(A)'s decision to annul the assessment. This was because the assessment order was based on a revision order that had already been set aside by the Tribunal.

What were the facts?

The Revenue appealed against the CIT(A)'s order annulling an assessment. The original assessment was passed to give effect to a revision order under Section 263. However, the Tribunal had previously set aside this revision order.

What were the issues?

Whether an assessment order passed in furtherance of a revision order that has been subsequently set aside is valid.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)

For Appellant: Shri Rahul Hakani
For Respondent: Shri Ajay
Hearing: 12.7.2016Pronounced: 12.7.2016

The appeal filed by the Revenue is directed against the order dated 30.3.2014 passed by learned CIT(A)-40, Mumbai and it relates to A.Y. 2008-09.

2.

The Revenue is aggrieved by the decision of learned CIT(A) in annulling the assessment passed by the Assessing Officer u/s. 143(3) read with section 263 of the Act.

3.

I have heard the parties and perused the record. I noticed that the Assessing Officer has passed the impugned order to give effect to the revision order passed by learned CIT(A) u/s 263 of the Act. Subsequently, the assessee has challenged the revision order passed by learned CIT(A) by filing appeal before the Tribunal and the Tribunal has set aside the revision order, vide its order dated 4.3.2015 passed in ITA No. 3647/Mum/2013.

4.

When this facts was brought to the notice of the learned CIT(A) in the appeal filed against the assessment order passed u/s. 143(3) read with section 263 of the Act, learned CIT(A) annulled the assessment order, since the revision order on the basis on which the impugned assessment order was passed had been set aside by the Tribunal.

5.

Having heard the rival submissions, I am of the view that there is no infirmity in the order passed by learned CIT(A) for the reasons discussed above. Accordingly, I uphold the order passed by learned CIT(A).

6.

In the result, appeal filed by the Revenue is dismissed.

Order has been pronounced in the Court on 12.7.2016

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