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2019 (11) TMI 938 - HC - Income TaxRevision u/s 263 - claim for the benefit of section 80-IB(10) - Revenue s appeal before the Tribunal was dismissed on the ground that on merits itself the order under section 263 of the Act was set aside and, therefore, the impugned assessment order for the assessment year 2006-07 passed under section 143 of the Act read with section 263 would not survive - HELD THAT - Appellant is not able to point out to us whether or not any appeal has been filed against the order of the Tribunal dismissing Revenue s appeal arising from the order of the Assessing Officer giving effect to order passed under section 263 of the Act. If no appeal is filed against the said order, then prima facie, the entire exercise of admitting this appeal would become academic. Mr.Pinto seeks time to take instructions whether on not any appeal has been filed from the impugned order of the Tribunal to the extent it dismisses the Revenue s appeal from the order of the CIT(A) arising from the order of assessment under section 143 read with section 263 of the Act for the assessment year 2006-07. Appeal is adjourned to 25 November 2019.
Issues:
1. Challenge to the order of the Income Tax Appellate Tribunal under section 260-A of the Income Tax Act, 1961 for assessment year 2006-07. 2. Justification of cancelling the order of the Commissioner of Income Tax under section 263. 3. Interpretation of the orders of the Commissioner of Income Tax (Appeals) in a subsequent year. 4. Dismissal of Revenue's appeal from the order of the Commissioner of Income Tax (Appeals) arising from the order of assessment under section 143 read with section 263 of the Act for the assessment year 2006-07. Analysis: 1. The appeal challenges the Tribunal's order for assessment year 2006-07. The Revenue questions the cancellation of the Commissioner of Income Tax's order under section 263, arguing that the original assessment lacked verification or enquiry. The Tribunal upheld the benefit of section 80-IB(10) of the Act for the assessee based on a previous year's order, leading to a debatable issue and negating the need for revisional power under section 263. 2. The Revenue contends that the Commissioner's jurisdiction was justified due to the lack of enquiry by the Assessing Officer regarding the assessee's claim under section 80-IB(10) for the subject assessment year. However, the respondent argues that the Tribunal's decision granting the benefit renders this argument academic. 3. Additionally, the Tribunal dismissed the Revenue's appeal from the Commissioner of Income Tax (Appeals) order related to the assessment year 2006-07. The CIT(A) had allowed the benefit of section 80-IB(10) for the respondent, contrary to the Assessing Officer's decision under section 263. The Tribunal set aside the order under section 263, leading to the dismissal of the Revenue's appeal based on the merits of the case. 4. The appellant's counsel was unable to confirm if an appeal had been filed against the Tribunal's decision to dismiss the Revenue's appeal arising from the order of the Assessing Officer under section 263. The court adjourned the appeal to allow time for clarification on the appeal status related to the order of the Tribunal concerning the Revenue's appeal from the CIT(A) order for the assessment year 2006-07.
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