2023 (9) TMI 622 - GUJARAT HIGH COURT

Validity of Revision u/s 263 - consequential order of assessment u/s 143 r.w. Section 263 once Revision proceedings u/s 263 was set aside - HELD THAT:- As decided in [2023 (9) TMI 511 - GUJARAT HIGH COURT] - 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 Assessing Officer to keep the proceedings in abeyance, the AO proceeded to finalize the assessment.

The 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, the Assessing Officer 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 - Appeals being devoid of merits are accordingly dismissed.