Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 199 - AT - Income TaxRevisionary proceedings u/s 263 - Whether CIT(A) has erred in allowing assessee’s appeal on account of the hon’ble ITAT setting aside PCIT’s order u/s. 263 whereas the matter being subjudice as the hon’ble ITAT decision has not attained finality? - HELD THAT:- The original assessment proceedings were carried out u/s 143(3) of the Act and the same was subject matter of the proceedings carried out u/s 263 of the Act wherein ld. Pr. CIT set aside the assessment order u/s 143(3) of the Act and directed ld. AO to reframe it in light of the directions given in this order u/s 263 of the Act. In compliance thereto, ld. AO carried out the assessment proceedings u/s 143(3) r.w.s. 263 of the Act making addition in the hands of the assessee. These additions were challenged before ld. CIT(A). As far as revisionary proceedings u/s 263 of the Act are concerned, the same were challenged by the assessees before this Tribunal and vide order [2020 (2) TMI 1686 - ITAT KOLKATA] the revisionary proceedings were quashed and the assessment order u/s 143(3) of the Act has been restored. Under these given circumstances of the case since revisionary proceedings u/s 263 of the Act being quashed, the order u/s 143(3) r.w.s. 263 of the Act has become infructuous. Since, all the proceedings carried out in pursuance to the revisionary proceedings u/s 263 of the Act have become infructuous, therefore, ld. CIT(A) has rightly allowed the assessee’s appeal. Appeals filed by the Revenue are dismissed.
|