FLAIR EXPORTS PVT. LTD.,NEW DELHI vs. ACIT CIRCLE-9(1), NEW DELHI

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ITA 7090/DEL/2019Status: DisposedITAT Delhi20 November 2023AY 2014-15Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI KUL BHARAT (Judicial Member)2 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 agreed with the assessee's contention that if the order under Section 263 is set aside, the subsequent assessment order passed based on it does not survive. Therefore, the assessment was quashed.

What were the facts?

The assessee's appeal was against an order passed under Section 143(3)/263 of the Income-tax Act. The assessee argued that the original Section 263 order by the Pr.CIT was set aside by the ITAT, rendering subsequent assessment proceedings invalid.

What were the issues?

Whether assessment proceedings initiated subsequent to a Section 263 order survive if that Section 263 order is subsequently set aside by the Tribunal.

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, DELHI BENCH ‘B’ : NEW DELHI

For Appellant: Shri Deepak Malik, Advocate
For Respondent: Shri T. James Singson, CIT DR, Shri Vivek Kumar Upadhyay, Sr.DR
Hearing: 13.11.2023

ASSESSEE BY : Shri Deepak Malik, Advocate REVENUE BY : Shri T. James Singson, CIT DR Shri Vivek Kumar Upadhyay, Sr.DR Date of Hearing : 13.11.2023 Date of Order : 20.11.2023 ORDER

PER SHAMIM YAHYA, ACCOUNTANT MEMBER :

1.

This appeal filed by the assessee is directed against the order of ld. CIT (Appeals)-3, New Delhi dated 11.07.2019 pertaining to AY 2014-15.

2.

At the outset, in this case, ld. Counsel of the assessee pointed out that Assessing Officer passed order u/s 143(3)/263 of the Income-tax Act, 1961 (for short 'the Act') for AY 2014-15 subsequent to the order passed u/s 263 of the Act by Pr.CIT, Central 1, Delhi on 27.03.2017. He pointed out that the order dated 27.03.2017 passed by the Pr.CIT has already been

3.

Per contra, ld. DR of the Revenue could not dispute the above proposition.

4.

Upon careful consideration, we note that the contention of the ld. Counsel of the assessee is that in assessee’s own case, ITAT in vide order dated 24.11.2021 has set aside the 263 order. In this view of the matter, assessment proceedings subsequent to 263 order does not survive and accordingly, we quash the assessment. 5. In the result, this appeal filed by the assessee stands allowed. Order pronounced in the open court on this 20th day of November, 2023. Sd/- sd/- (KUL BHARAT) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 20th day of November, 2023/TS

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