THE PRAVITRA CRUZ SISTER ASSOCIATION,AMBIKAPUR (CG) vs. THE INCOME TAX OFFICER, AMBIKPUR, AMBIKAPUR (CG)

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ITA 83/BIL/2017Status: DisposedITAT Raipur05 April 2022AY 2009-105 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. It was held that since the order under Section 263 was quashed, the consequential assessment order could not survive independently.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT. The reason for withdrawal was that a previous order by the CIT under Section 263, which led to the assessment order, had been quashed by the Tribunal.

What were the issues?

Whether a consequential assessment order can survive if the order under Section 263 that directed it is quashed.

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, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI JAMLAPPA D BATTULL

For Appellant: Shri Kishore M Deshpande, AR
For Respondent: Shri Debashis Lahiri, DR
Hearing: 05.04.2022Pronounced: 05.04.2022

आदेश / ORDER

PER RAVISH SOOD, JM:

1.

The present appeal filed by the assessee is directed against the order passed by the CIT(Appeal), Bilaspur dated 27.02.2017, which in turn arises from the order passed by the A.O u/s. 143(3)/263 of the Income-tax Act, 1961 ( in short ‘the Act’) dated 06.08.2014 for assessment year 2009-10.

At the very outset of the hearing of appeal, it was submitted by Shri 2. Kishore M Deshpande, the Ld. Authorized Representative (for short ‘AR’) for the assessee that as instructed liberty is sought for withdrawing the captioned appeal. Elaborating on the reasons for withdrawal of the appeal, it was submitted by the Ld. AR that as the order passed by the CIT, Bilaspur u/s.263 of the Act dated 17.02.2014 had been quashed by the Tribunal in dated 04.06.2018, therefore, the assessment framed by the Assessing Officer u/s.143(3)/263 of the Act dated 06.08.2014 i.e. pursuant to the directions given by the CIT in his order u/s.263 of the Act could not survive on a standalone basis and is liable to be quashed. Backed by his aforesaid contentions it was submitted by the Ld. AR that liberty be granted to withdraw the present appeal.

3 Pavitra Cruz Sisters Association Vs. ITO, Ambikapur ITA No. 83/RPR/2017

3.

Per contra, the Ld. Departmental Representative (for short ‘DR’) did not raise any objection for seeking of withdrawal of the present appeal by the assessee.

4.

We have heard the Ld. Authorized Representatives of both the parties and find substantial force in the claim of the Ld. AR that now when the order passed by the CIT u/s.263 of the Act had been quashed by the Tribunal, then the consequential assessment framed by the Assessing Officer u/s.143(3)/263 of the Act dated 06.08.2014 it has to meet the same fate. In the backdrop of the aforesaid concession of the Ld. AR who had sought liberty to withdraw the present appeal which had not been objected by the Ld. DR, we, herein, allow the same.

5.

In the result, appeal of the assessee is dismissed as withdrawn in terms of our aforesaid observations. Order pronounced in open court on 05th day of April 2022.

Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 05th April, 2022 SB

4 Pavitra Cruz Sisters Association Vs. ITO, Ambikapur ITA No. 83/RPR/2017

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