TMI Blog2023 (7) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... said order reproduces submissions of the assessee only on merits of the case. In view of the our above observations we are not inclined to accept the contentions of assessee, that the orders of this Court [ 2018 (10) TMI 1999 - BOMBAY HIGH COURT] when in paragraph 2 thereof observes that the Court should not re-open the finding of the Tribunal that Section 263 of the Act was not attracted, would put a quietus to the issue. 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. Admit on the following substantial question of law: Whether the Tribunal in disposing of the assessee s appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned CIT, who held that the order passed by the Assessing Officer under section 143(3) of the Act was erroneous and prejudicial to the interest of revenue on account of the fact that the Assessing officer had failed to apply its mind with regard to the provisions of Section 10B(7) read with Section 80IA(8) and Section 80IA(10). The learned CIT(A) accordingly passed an order dated 25 March, 2013 under section 263 of the Act and directed the Assessing Officer to restrict the deduction under section 10B as per the directions contained in the said order. Pursuant to the directions of learned CIT, order was reframed under section 143(3) read with Section 263 by an order dated 25 March, 2013 and the total income, before setting of brought forwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial questions of law. It is admitted on following substantial questions of law:- (i) Whether on the facts, circumstances of the case and in law, the Tribunal was justified in not appreciating the fact that that by arranging its affair with the AE, the assessee has inflated the profit in India on which deduction u/s 10B is claimed and assessee has arranged its transaction to evade the taxes and the provisions of sections 10B(7) r.w.s. 80IA(10) are clearly attracted in the assessee's case? (ii) Whether on the facts and circumstances of the case and in law, the ITAT was justified in holding that there is no merit in invoking jurisdiction by the Commissioner u/s 263 of the Act in this case? 2. We do not think that in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is on the merits of the issues emanating from the orders passed on the Section 263 proceedings. This for the reason as the Tribunal had inter alia adjudicated on the merits of the order passed under section 263. This Court while admitting the said appeal on the first question of law, insofar as the second question of law as raised by the Revenue was concerned, observed that in the light of the orders admitting the appeal on the first question of law, it was not necessary to reopen the findings of the tribunal, as Section 263 of the Act was not attracted. 7. In our opinion, there cannot be any other opinion attributed to paragraph 2 of the order dated 1 October, 2018 passed by this Court, that what is now for consideration of this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified in annulling the assessment order passed u/s 143(3) r.w.s. 263 of the Act on the basis of the submission made by the assessee that the order passed by CIT-V, Pune u/s 263(1) of the I.T. Act, has been set-aside by the Hon ble ITAT vide ITA No. 1112/PN/2012 for A.Y. 2006-07 dated 08.07.2015, without verifying that the department has already gone in further appeal against the order of Hon ble ITAT and the matter is pending before the Hon ble High Court? 10. We do not find that the impugned order would give rise to the above questions of law as framed and posed for our consideration by the revenue. However, the decision which would be rendered in Income Tax Appeal No. 272 of 2016 would have a direct bearing on the order dated 30 Jan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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