TMI Blog2023 (8) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... aving regard to the operative directions issued by the Tribunal, according to us, these writ petitions would not lie, as obviously, the court cannot quash something, which has already been quashed by the Tribunal. - W.P.(C) 9710/2023 & CM APPL. 37209/2023, W.P.(C) 9745/2023 & CM APPL. 37346/2023 - - - Dated:- 25-7-2023 - HON'BLE MR JUSTICE RAJIV SHAKDHER AND HON'BLE MR JUSTICE GIRISH KATHPALIA For the Petitioner Through: Mr Percy J. Pardiwala, Senior Advocate with Mr Vishal Kalra and Ms Snigdha Gautam, Advocates. For the Respondent Through: Mr Prashant Meherchandani, Senior Standing Counsel. RAJIV SHAKDHER, J.: (ORAL) 1. These writ petitions concern Assessment Year (AY) 2016- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, in so far as Monet was concerned. 3.8 Since the respondent/revenue sought to treat the petitioner as the agent of Monet, the impugned notice dated 26.03.2021 was issued, as indicated above. 3.9 Furthermore, as noticed right at the outset, an order under Section 163 was passed qua the petitioner on 27.03.2021. 4. The Commissioner of Income Tax (CIT) passed an order dated 31.03.2021, wherein he, inter alia, made the following crucial observations: 9. In view of the discussion made earlier this share transfer transaction, prima-facie appears to be a tax avoidance arrangement to avoid paying taxes in India. Therefore, the acceptance by the Assessing Officer of the Long-term capital gain income of Rs. 1002,92, 15,510/-in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee . 5. The record shows that the petitioner carried the matter in appeal to the Income Tax Appellate Tribunal [in short, the Tribunal ]. The Tribunal, via order dated 19.12.2022, allowed the appeal preferred by the writ petitioner. 6. While allowing the appeal, the Tribunal quashed the order issued under Section 163 of the Act, which is evident from the following extract: 16. In light of the provisions of section 163 of the Act considered in light of the aforementioned discussion, order passed u/s 163 of the Act by the CIT, international-2 deserves to be quashed and treated as nonest. The ld. CIT assumed jurisdiction u/s 263 of the Act on the basis of order passed u/s 163 of the Act. 17. Sublato Fundamento Cadit Opus, m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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