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2021 (9) TMI 894 - AT - Income TaxRevision u/s 263 by CIT - case assessment order u/s.143(3) r.w.s. 153C r.w.s. 153A(1)(b) passed - HELD THAT:- For instituting a valid proceeding under Section 263 of the Act, there should be a valid legal proceeding before the Assessing Officer. Once the assessment order was quashed on the ground that it was passed after limitation provided in the Act for passing such order, then it is to be construed that no assessment order is available on which learned Commissioner could form an opinion as to whether any error is available in such order or not. Section 263 of the Act specifically contemplates that there should be an error either in the proceedings or in the assessment order which has caused prejudice to the interests of the Revenue. Now, in the present appeal, as the assessment order itself has already been quashed by the Tribunal vide order dated 12.11.2020, no subsequent further proceedings can be initiated. For the completeness of the facts, we take note of the operating part of the order of the for Assessment Years 2009-10 to 2014-15, wherein the Tribunal, after an elaborate discussion, has quashed the assessment orders. Commissioner has committed an error in holding that “Even though these issues are interlinked, but to keep the issue alive and in the interest of revenue, this proceedings are completed”. Therefore, in view of the above discussions, the impugned order is not sustainable in the eyes of the law. Accordingly, we quash the order passed under Section 263 of the Act for the year under consideration and allow the appeal of the assessee.
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