9911796707
TMI Blog2023 (9) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The substantial question of law raised by the Revenue for consideration of this court is as under: A. Whether on the facts and circumstances of the case and in law, the Tribunal was right in quashing the order u/s. 143(3) r.w.s 263 of the Act passed by the Assessing Officer, which is based on the order u/ s. 263 of the Act which is a valid order and is the lawful application of the provisions of the stated section in view of the factual matrix of the case? 3. Facts in brief indicate that a return of income was filed by the assessee. The assessment was finalized under Section 143(3) of the Act on 22.03.2016 making certain additions. On an appeal having been filed by the assessee, the appellate authority granted relief. On verification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I.T. Act has become infructuous, therefore, the order passed by the AO u/s. 143(3) r.w.s. 263 of I.T. Act which is the subject matter of impugned appeal is hereby treated as infructuous, null and void. As a result, the appeal filed by the assessee is allowed." 4.1 The Revenue carried these orders to the Income Tax Appellate Tribunal (for short 'the Tribunal'). The Tribunal noticed the following sequence of events: (a) That the original assessment orders in both these cases under Section 143(3) of the Act dated 22.03.2016 were set aside by the Principal CIT under Section 263 of the Act on 27.03.2018. (b) Those orders were challenged by the assessee before the Tribunal in ITA Nos. 1402 & 1403/Ahd/2018 and the Tribunal vide a common ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for this appeal to be kept pending. Though the assessee had brought it to the notice of the Assessing Officer to keep the proceedings in abeyance, the Assessing Officer proceeded to finalize the assessment. The Revenue, did not, before the ITAT also make a request to keep the appeal pending or in abeyance on the ground that this Court was seized of an appeal against the revision proceedings. In absence of this, the Tribunal could not be faulted in holding that once the Section 263 proceedings were set aside by itself, the consequent assessment order giving effect to the revision order is void ab initio. If the Revenue were to succeed in the pending appeal before this Court, the Assessing Officer will have to undertake a fresh exercise in l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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