2013 (10) TMI 1424 - AT - Income Tax

Order passed u/s. 263 annulled - Held that - As the order passed u/s. 263 of the Act dated 29.3.2011 was quashed by the Tribunal for A.Y. 2006-07 there is no surviving order so as to pass consequential order in terms of section 143(3) r.w.s. 263 of the Act. Hence the CIT(A) is justified in annulling the assessment order dated 30.6.2011 passed u/s. 143(3) r.w.s. 263 of the Act. The ground taken by the Revenue is rejected.

Summary

Issues:
- Appeal against order of CIT(A) for A.Y. 2006-07.
- CIT(A) not appreciating additions made by AO.
- Validity of order passed u/s. 263 of the Act.
- Binding nature of Tribunal's order on CIT.

Analysis:
1. The appeal was filed by the Revenue against the order of the CIT(A) for the assessment year 2006-07. The Revenue contended that the CIT(A) failed to acknowledge the additions made by the Assessing Officer after thorough verification of the issues.

2. The facts of the case involved an assessee company engaged in various businesses. Initially, the company filed its return admitting income, which was later revised to show a loss. Subsequently, the original assessment was completed by the AO, and the CIT(A) invoked section 263 of the Act leading to a revision order. The Tribunal, in a previous order, emphasized the binding nature of its decisions on lower authorities, including the CIT. The Tribunal held that the CIT should not have taken a different view on a settled issue, especially when the Tribunal's decision was clear and consistent. The Tribunal stressed the importance of judicial discipline and adherence to higher forum decisions.

3. Upon hearing both parties and reviewing the record, the Tribunal noted that the order passed under section 263 of the Act was quashed in a previous order. As a result, there was no valid order remaining to pass consequential actions under section 143(3) read with section 263 of the Act. Consequently, the CIT(A) was justified in annulling the assessment order, and the Revenue's ground was rejected.

4. The Tribunal ultimately dismissed the Revenue's appeal, upholding the CIT(A)'s decision. The order was pronounced in open court on 9th October 2013. The judgment highlighted the importance of respecting the binding nature of Tribunal decisions on lower authorities and maintaining judicial discipline in interpreting and applying legal provisions.