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The Tax PublishersITA No. 4187/Del./2017
2021 TaxPub(DT) 0691 (Del-Trib)INCOME TAX ACT, 1961
Section 263
Where order under section 263 on the basis of which the assessment order under section 143(3)/263 was passed, had been cancelled by Tribunal, the assessment order passed under section 143(3)/263 was also liable to be cancelled.
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Revision under section 263 - Erroneous and prejudicial order - -
AO completed assessment in case of assessee under section 143(3). CIT proceeded under section 263 and set aside the said assessment order and directed the AO to pass the order afresh. AO in pursuance to the directions of the CIT, passed the assessment order under section 143(3)/263. Assessee contended that it preferred an appeal before Tribunal against the order passed under section 263 and the Tribunal setting aside the order under section 263, allowed its appeal. Therefore, the assessment order passed under section 143(3)/263 was not sustainable. Held: Since order under section 263 on the basis of which the assessment order under section 143(3)/263 was passed, had been cancelled by Tribunal; the assessment order passed under section 143(3)/263 was also liable to be cancelled.
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2010-11
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