2015 (12) TMI 1908 - AT - Income Tax

Revision u/s 263 - reliance on audit objections - HELD THAT - As the order of the CIT-II Chandigarh u/s 263 has been set aside and quashed by the ITAT Chandigarh Bench 2015 (10) TMI 2588 - ITAT CHANDIGARH and original assessment order has been restored. He has, therefore, submitted that present proceedings have thus, become infructuous.

Summary

The Appellate Tribunal ITAT Chandigarh, comprising Judicial Member Shri Bhavnesh Saini and Accountant Member Ms. Rano Jain, addressed the departmental appeal and the Cross Objection by the assessee against the order of the CIT(Appeals)-II Chandigarh dated 19.12.2014 for the assessment year 2008-09.

The Assessing Officer initially passed an order under section 143(3) of the Income Tax Act on 16.12.2010, which was subsequently set aside by the CIT under section 263 on 21.03.2013. Consequently, a new order was issued on 28.01.2014 under sections 263/143(3), which was contested before the CIT(Appeals).

The counsel for the assessee argued that the CIT-II Chandigarh's order dated 21.03.2013 under section 263 had been quashed by the ITAT Chandigarh Bench in ITA No. 540/2013 on 14.10.2015, thereby restoring the original assessment order dated 16.12.2010. As a result, the current proceedings were deemed "infructuous."

The Tribunal concurred, stating that since the order under section 263 had been quashed, the subsequent orders were also "infructuous and would not survive." Consequently, the Tribunal set aside and quashed the orders of the authorities below, and the departmental appeal and Cross Objection were disposed of accordingly. The order was pronounced in the Open Court.