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

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ITA 1294/PUN/2024Status: DisposedITAT Pune10 December 2024AY 2015-16Bench: SHRI R.K. PANDA (Vice President), MS. ASTHA CHANDRA (Judicial Member)3 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 held that since the proceedings under Section 263 were previously quashed by the Tribunal, the subsequent assessment order passed by the Assessing Officer became infructuous. Therefore, the grounds raised by the assessee were allowed.

What were the facts?

The assessee's appeal was filed late by 183 days, but the delay was condoned due to sufficient cause. The core issue revolved around an assessment order passed under Section 143(3) read with Section 263.

What were the issues?

Whether an assessment order passed pursuant to proceedings that have been quashed under Section 263 is valid. The validity of an assessment order when the revisional proceedings under Section 263 are set aside.

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, “A” BENCH, PUNE

Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA

For Appellant: Shri Pramod S. Shingte
Hearing: 09.12.2024Pronounced: 10.12.2024

Assessee by : Shri Pramod S. Shingte Revenue by : Shri Ramnath P. Murkunde सुनवधई की तधरीख / Date of Hearing : 09.12.2024 घोषणध की तधरीख / Date of Pronouncement : 10.12.2024 आदेश / ORDER

PER ASTHA CHANDRA, JUDICIAL MEMBER :

1.

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.

2.

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.

3.

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.

4.

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

5.

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.

6.

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

Order pronounced in the open Court on 10th December, 2024.

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