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| The Tax Publishers2020 TaxPub(DT) 3754 (Karn-HC) : (2020) 274 TAXMAN 0284 INCOME TAX ACT, 1961
Section 263
Following order passed in I.T.A. No. 382/2012, Tribunal was not justified in holding that as the 263 order was no more in existence, the consequential order passed by AO was infructuous and matter was remanded back to AO to deal with claim of the assessee under section 80-IB(10).
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Revision under section 263 - Validity of consequential order passed by AO, pursuant to direction of PCIT - Revision order passed under section 263 held to be non-existent by Tribunal -
Revenue challenged order of Tribunal holding that as the 263 order was no more in existence, the consequential order passed by AO was infructuous. Revenue contended that order passed by AO was in accordance with the directions issued by CIT under section 263 and said order was subject matter before High Court. Held: By separate order passed in I.T.A. No. 382/2012, substantial question of law was answered in favour of the revenue and against the assessee. In result, order passed by Tribunal was quashed and matter was remitted to AO to deal with claim of the assessee under section 80-IB(10).
REFERRED :
FAVOUR : Matter remanded
A.Y. : 2009-10
IN THE KARNATAKA HIGH COURT
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