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TMI Blog2020 (1) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... ardiwala ) 1. This tax appeal under Section260A of the Income Tax Act, 1961 [for short "The Act, 1961"] is at the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Rajkot in the ITA 156/RJT/2017, dated 28/05/2019 for the A.Y. 200910. 2. The revenue has proposed the following questions of law: " Whether the Appellate Tribunal has erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch order thereon, as circumstances justify, viz. he may direct for passing fresh assessment order; cancel assessment order and direct conducting fresh inquiry. He may pass the assessment order himself. The emphasis is that on examination of record, the Ld. Commissioner should satisfy that order passed by the AO is erroneous and prejudicial to the interest of the Revenue; meaning thereby, there sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year in which the orders sought to be revised was passed. Now action under Section 263 has been contemplated in March, 2017. The order passed under section 143(3) r.w.s.147 has already been quashed, no action can be taken against this order, because it is not in existence. In such situation, action could be taken against the assessment order passed under section 143(3) because in that case also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gone through the materials on record, we are of the view that there is no substantial question of law involved in this appeal. Although Mr. Bhatt tried to persuade us to take the view that the two issues on which the power is required to be exercised under Section 263 of the Act. 6. We are of the view that as the reassessment proceedings came to be quashed and the same has been accepted, no usef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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