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2023 (1) TMI 471

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..... ent. In view of the foregoing, the first two grounds of appeal in the present appeal before us have become merely academic and need not be adjudicated. Further, respectfully following the aforesaid order dated 07/09/2022 in the case of DLF Garden City Indore Pvt. Ltd. (supra) of Co-ordinate Bench of ITAT, Delhi, we hold, in respect of the third ground of appeal, that the original assessment orders the effective assessment order as on date; and we direct the Assessing Officer to treat the original assessment order as restored at present. Accordingly, third ground of appeal in the present appeal before us is treated as allowed. - ITA No.1496/Del/2020 - - - Dated:- 2-12-2022 - SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHR .....

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..... the assessee was assessed at Rs.12,52,32,500/- accepting returned income of the assessee. Vide revisionary order dated 14/03/2019 passed u/s 263 of IT Act by the learned Principal Commissioner of Income Tax ( PCIT , for short); the aforesaid order dated 14/03/2019 was cancelled and the Assessing Officer was directed to pass fresh assessment order. The Assessing Officer passed fresh assessment order dated 19/06/2019 passed u/s 143(3) r.w.s.263 of IT Act wherein the assessee s income was assessed at Rs.18,87,91,060/- (rounded off to Rs.18,87,91,060/-). In the aforesaid assessment order dated 19/06/2019 assessee s claim amounting to Rs.6,35,58,558/- by way of provisions was disallowed and added to the assessee s returned income. The assessee .....

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..... said revisionary order dated 14/03/2019 having been quashed by the Co-ordinate Bench of ITAT Delhi in the aforesaid order dated 07/09/2022, the aforesaid order dated 07/09/2022, the fresh assessment order dated 19/06/2019, (passed in pursuance of the aforesaid revisionary order dated 14/03/2019) has no legs to stand at present. (A.2) The learned Sr. DR for Revenue, Mr. Harpal Singh Kharab did not bring any facts and circumstances or legal submissions or decided precedents or any other materials to controvert the aforesaid submissions/contentions of the learned AR for the assessee. (A.2.1) It is not in dispute that the aforesaid revisionary order dated 14/03/2019 of the learned PCIT has been quashed by Coordinate Bench of ITAT, Delhi v .....

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