9911796707
TMI Blog2023 (7) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... for short "CIT(A)) under section 143(3) read with Section 263 of the Income-tax, Act, 1961 (for short "the Act"), has been dismissed as infructuous. 3. The assessment year in question is of 2006-07. There is some history of litigation, which we need to refer. The respondent-assessee filed its return of income for the A.Y. 2006-07 on 29 November, 2006 declaring total income at Nil. The case was selected for scrutiny and thereafter assessment was framed under section 143(3) by order dated 30 December, 2009 when the total income of the assessee was determined at Nil, after allowing a deduction of Rs. 13,37,07,947/- under section 10B and setting of the brought forward unabsorbed depreciation. On such backdrop, the assessment was subjected to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and by the impugned order has held that in view of the orders on the Section 263 proceedings, Section 263 proceedings itself being set aside, the appeal of the assessee had become infructuous. 5. We may observe that the order dated 8 July, 2015 passed by the Tribunal which inter alia set aside the order passed under section 263 of the Act was carried in appeal by the revenue before this Court in the proceedings of Income-tax Appeal No. 272 of 2016, which has been admitted by a coordinate Bench of this Court by order dated 1 October, 2018. The said order is required to be noted, which reads thus: " After having heard both sides and perusing with their assistance the order of the Tribunal impugned in this Appeal, we are of the opinion th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Appeal enclosing therewith a copy of this order so as to enable the Tribunal to act accordingly." (emphasis added) 6. We have heard learned counsel for the parties. We have also perused the order dated 8 July, 2015 passed by the Tribunal. It clearly appears from order dated 1 October, 2018 passed by this Court in Income Tax Appeal No. 272 of 2016 (supra) filed by the revenue, that adjudication by the Tribunal, was a composite adjudication on three appeals. Such adjudication included adjudication on the order passed by learned CIT under section 263 of the Act, which is now subject matter of consideration in the said appeal filed by the Revenue before this Court, which is admitted on the first question of law as framed by the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 263 of the Act was not attracted, would put a quietus to the issue. 9. It is on the above conspectus, the present proceedings are required to be considered as to whether the Tribunal is correct in disposing of the appeal on the ground that it had become infructuous. In assailing such order, the revenue has raised the following substantial question of law: "(a) "Whether on the facts and circumstances of the case and in law, the Hon'ble Tribunal was justified in annulling the assessment order passed under Section 143(3) r.w.s. 263 of the I. T. Act, without considering the issues involved and ignoring the merits of the cases?" (b) "Whether on the facts and circumstance of the case and in law, the Hon'ble Tribunal was justified i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
