ASHOKKUMAR KHIMRAJ JAIN,NANDURBAR vs. ITO, WARD-1, DHULE

This appeal filed by the assessee is directed against the order dated 04.10.2023 of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“CIT(A)”] relating to the Assessment Year 2015-16.

At the outset, we find the appeal is time barred by 183 days before the Tribunal. The assessee has filed an affidavit explaining the reasons which led to delay in filing the appeal. After hearing both the sides, we are of the view that the delay is attributable to the sufficient cause. We, therefore, condone the delay and admit the appeal for adjudication.

The Ld. Counsel for the assessee filed a copy of the order passed u/s.263 of the Income Tax Act, 1961 (the „Act‟) and submitted that the Tribunal vide order dated 26.05.2023 in has quashed the proceedings u/s 263. Accordingly, subsequent assessment proceedings have no legs to stand.

The ld. DR fairly conceded that the Tribunal has decided the 263 proceedings in favour of the assessee.

We have heard the Ld. representatives of the parties and perused the records. We notice that the above appeal filed by the assessee is directed against the order passed by the CIT(A), NFAC dated 04.10.2023 which in turn was against the order passed u/s.143(3) r.w.s.263 passed on 10.09.2021 by the Ld. Assessing Officer (AO). Since the proceedings u/s 263 have already been quashed by the Tribunal vide its order dated 26.05.2023 (supra), the assessment order passed by the Ld. AO becomes „Infructuous. Accordingly, the grounds raised by the assessee are allowed.

In the result, the appeal filed by the assessee is allowed.