2022 (6) TMI 834 - AT - Income Tax

Revision u/s 263 - subsequent proceedings of revision - HELD THAT - As perused the materials available on record and gone through the orders of authorities below. In this case, against the revision order under section 263 of the Act, the assessee preferred further appeal before the Tribunal 2019 (9) TMI 1651 - ITAT CHENNAI the Tribunal quashed the revision order passed under section 263 of the Act. Therefore, the subsequent assessment order passed under section 143(3) r.w.s. 263 has no legs to stand and subsequent proceedings in lieu of order under section 143(3) r.w.s. 263 of the Act stands null and void. Accordingly, the appeal filed by the Revenue is not maintainable and liable to be dismissed. Thus, the appeal filed by the Revenue is dismissed.

Summary

Issues:
1. Delay in filing the appeal before the Tribunal and condonation of the delay.
2. Reopening of assessment under section 148 of the Income Tax Act.
3. Direction to redo assessment under section 263 of the Act.
4. Quashing of revision order under section 263 of the Act by the Tribunal.
5. Legitimacy of the subsequent assessment order under section 143(3) r.w.s. 263 of the Act.
6. Appeal against the order passed by the ld. CIT(A).

Issue 1: Delay in filing the appeal before the Tribunal and condonation of the delay:
The appeal filed by the Revenue was delayed by 4 days, prompting the Department to file a petition for condonation of the delay. The delay was condoned as the Revenue was able to establish sufficient cause for the delay, and the appeal was admitted for adjudication.

Issue 2: Reopening of assessment under section 148 of the Income Tax Act:
The assessment under section 143(3) of the Income Tax Act was completed initially, but it was later reopened under section 148. However, since the contributions were already assessed in the hands of another entity, no addition was made by the Assessing Officer during the reassessment process.

Issue 3: Direction to redo assessment under section 263 of the Act:
The ld. PCIT directed the Assessing Officer to redo the assessment under section 263 of the Act, leading to a subsequent assessment order dated 31.12.2018 under section 143(3) r.w.s. 263 of the Act.

Issue 4: Quashing of revision order under section 263 of the Act by the Tribunal:
The Tribunal, in a previous order, quashed the revision order passed under section 263 of the Act, which had a significant impact on the subsequent assessment proceedings.

Issue 5: Legitimacy of the subsequent assessment order under section 143(3) r.w.s. 263 of the Act:
The Tribunal's decision to quash the revision order under section 263 of the Act rendered the subsequent assessment order dated 31.12.2018 null and void. Consequently, the appeal filed by the Revenue was deemed not maintainable and was dismissed.

Issue 6: Appeal against the order passed by the ld. CIT(A):
The Revenue's appeal against the order passed by the ld. CIT(A) was dismissed based on the Tribunal's decision to quash the revision order under section 263 of the Act, rendering the subsequent assessment proceedings invalid.

In conclusion, the Tribunal's decision to quash the revision order had a cascading effect on the subsequent assessment proceedings, leading to the dismissal of the Revenue's appeal. The appeal was deemed not maintainable due to the nullification of the subsequent assessment order, and the decision was pronounced on June 8, 2022, at Chennai.