Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (9) TMI 511 - GUJARAT HIGH COURTRevision u/s 263 - Effect of consequent assessment order giving effect to the revision order, once the Section 263 proceedings were set aside by itself - HELD THAT:- As in the present appeal, the subject matter is the assessment order passed in consonance with the directions issued by the PCIT, Surat, in exercise of powers under Section 263 of the Act. That order of the Principal CIT, Surat, has already been set aside by the ITAT. That being so, the order under Revision being quashed has become final and the consequential order of assessment dated 28.06.2019 would not stand. Pendency of an appeal against the revisional proceedings would not be a ground for this appeal to be kept pending. Though the assessee had brought it to the notice of the AO to keep the proceedings in abeyance, the AO proceeded to finalize the assessment. Revenue, did not, before the ITAT also make a request to keep the appeal pending or in abeyance on the ground that this Court was seized of an appeal against the revision proceedings. In absence of this, the Tribunal could not be faulted in holding that once the Section 263 proceedings were set aside by itself, the consequent assessment order giving effect to the revision order is void ab initio. If the Revenue were to succeed in the pending appeal before this Court, AO will have to undertake a fresh exercise in light of the directions therein. On this ground too, no useful purpose can be served to entertain this appeal on the count of the other appeal pending. No substantial question of law.
|