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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,
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.