2015 (1) TMI 1394 - AT - Income Tax

Validity of order passed by AO u/s 143(3) in pursuance of the order passed by CIT-A under S.263 - Held that - The order passed by the learned Commissioner of Income-tax u/s. 263 has already been set aside by the Tribunal vide its order 2015 (1) TMI 1008 - ITAT HYDERABAD . Consequently the subsequent proceedings originated from the order passed by the learned Commissioner of Income-tax under S.263 including assessment order made by the Assessing Officer u/s. 143(3) read with S.263 as well as the impugned order of the learned CIT(A) have become non-est in the eye of law. We therefore set aside the said orders and allow this appeal of the assessee.

Summary

The ITAT Hyderabad allowed the appeal of the assessee against the order of the Commissioner of Income-tax (Appeals)-V, Hyderabad, as the order passed under section 263 was set aside by the Tribunal. The subsequent proceedings, including the assessment order, were considered non-est in the eye of the law. The appeal of the assessee was allowed on 20th January 2015.