2013 (3) TMI 856 - HC - Income Tax

Summary

Issues involved: Appeal by the Revenue for Assessment Year 2006-07 regarding the dismissal of the appeal by the Tribunal and upholding of the order of the CIT(A) under Section 143(3) u/s 263 of the Income Tax Act, 1961.

Summary:

Issue (a):
The Tribunal upheld the order of the CIT(A) which set aside the Assessment Order dated 29th December, 2010 passed under Section 143(3) u/s 263 of the Income Tax Act, 1961. The CIT's order under Section 263 was quashed by the Tribunal, and the Revenue's appeal against this was dismissed by the Court. Consequently, the orders passed based on the quashed CIT's order are not sustainable.

Issue (b):
The Tribunal also ruled that the order passed under Section 143(3) u/s 263 of the Income Tax Act, 1961 had become infructuous due to the quashing of the CIT's order by the Tribunal. Therefore, there was no reason to entertain the proposed questions of law.

In conclusion, the appeal was dismissed with no order as to costs.