PRINCIPAL C.I.T-3, NAGPUR vs. M/S SUKHKARTA DEVELOPERS & BUILDERS, NAGPUR
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Income Tax Appellate Tribunal, NAGPUR BENCH
Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI
आदेश / ORDER
PER R.S.SYAL, VP:
This appeal by the Revenue is directed against the order dated
28-09-2018 passed by the ld. CIT(A)-1 Nagpur in relation to the
assessment year 2011-12.
Briefly stated, the facts of the case are that the original
assessment in this case was completed. Thereafter, action u/s.263 was
taken pursuant to which the instant assessment came to be made
determining total income at Rs.3,14,65,805/-. The ld. CIT(A) set aside
the assessment order by observing that the revisionary order u/s.263,
2 ITA No.266/Nag/2018 M/s.Sukhkarta Developers and Builders
pursuant to which the instant assessment was made, has been quashed
by the Tribunal. Aggrieved thereby, the Revenue has come up in
appeal before the Tribunal
We have heard the ld. DR and gone through the relevant material
on record. There is no appearance from the side of the assessee despite
notice. It is seen that the instant assessment was framed pursuant to the
order passed by the ld. PCT u/s.263. The ld. CIT(A) has recorded in
para 3 of the impugned order that the order passed u/s.263 has been set
aside by the Tribunal vide its order dated 01-08-2018. Since the very
basis of the instant assessment, being the revisionary order u/s.263, has
been set aside by the Tribunal and there is nothing to show that the
Tribunal order has been reversed or modified in any manner by the
Hon’ble High Court, we are of the considered opinion that no
exception can be taken to the impugned order cancelling the
assessment.
In the result, the appeal is dismissed.
Order pronounced in the Open Court on 31st July, 2023.
Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे / Pune; �दनांक / Dated : 31st July, 2023 Satish
3 ITA No.266/Nag/2018 M/s.Sukhkarta Developers and Builders
आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. !यथ� / The Respondent. 2. 3. The CIT-1, Nagpur "वभागीय �त�न%ध, आयकर अपील�य अ%धकरण, “नागपुर” ब'च, 4. / DR, ITAT, “Nagpur” Bench गाड� फ़ाइल / Guard File. 5. // True Copy // आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ%धकरण, पुणे / ITAT, Pune
Date 1. Draft dictated on 28-07-2023 Sr.PS 2. Draft placed before author 31-07-2023 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *
