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

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.

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.

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.

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).

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