TMI Blog2011 (10) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside by the Tribunal, it could not have allowed the appeal of the Revenue arising out of the order of the CIT. The entire proceedings, after quashing the order under section 263 were infructuous - Decided in favor of assessee. - 211 of 2008 and 253 of 2011 - - - Dated:- 21-10-2011 - SUNIL AMBWANI, KASHI NATH PANDEY, JJ. JUDGMENT We have heard Sri Piyush Kaushik, learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e revision order under section 263 of the Commissioner of Income-tax being itself quashed become infructuous in law and the original assessment order whereby the assessment was made at the returned income shall prevail ? (3) Whether, in view of the provisions of section 80-IA(9) applicable to section 80-IB of the Income-tax Act, 1961, the restriction imposed by section 80-IA(9) is applicable a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the judgment of the court in CIT v. Sir Shadilal Enterprises Ltd. [2010] 325 ITR 561 (All) ; CIT v. Hari Om Agarwal [2001] 249 ITR 382 (All) and CIT v. Dhampur Sugar Mills Ltd. [1988] 170 ITR 449 (All). 6. In CIT v. Hari Om Agarwal [2001] 249 ITR 382 (All) the court held as follows (page 384) : "The orders under section 263 having been cancelled by the Tribunal, the very basis of juri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the matter and the objection that an application should be moved before the Tribunal to recall its order dated February 21, 2008, we find that the law is clearly settled that once the orders under section 263 of the Act passed by the Commissioner of Income-tax have been set aside by the Tribunal, it could not have allowed the appeal of the Revenue arising out of the order of the Commissioner o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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