PRINCIPAL C.I.T-3, NAGPUR vs. M/S SUKHKARTA DEVELOPERS & BUILDERS, NAGPUR

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ITA 266/NAG/2018Status: DisposedITAT Nagpur31 July 2023AY 2011-12Bench: SHRI R.S.SYAL (Vice President), SHRI S.S.VISWANETHRA RAVI (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the basis of the assessment (the Section 263 order) was quashed by the Tribunal, the assessment order was invalid. Therefore, no exception could be taken to the CIT(A)'s order cancelling the assessment.

What were the facts?

The Revenue appealed against an order of the CIT(A) that set aside the assessment. The assessment was made pursuant to a revisionary order under Section 263, which had been quashed by the Tribunal.

What were the issues?

Whether an assessment made pursuant to a revisionary order that has been quashed by the Tribunal is valid.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH

Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI

For Respondent: Smt. Rashmi Mathur
Hearing: 28.07.2023Pronounced: 31.07.2023

आदेश / ORDER

PER R.S.SYAL, VP:

1.

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.

2.

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,

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

3.

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.

4.

In the result, the appeal is dismissed.

Order pronounced in the Open Court on 31st July, 2023.

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