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TMI Blog2020 (1) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the finding recorded by the appellate tribunal that as the reassessment proceedings came to be quashed and the same has been accepted by the department, according to the appellate tribunal, there is no scope now for the Commissioner to exercise any power under Section 263 of the Act, 1961. Having heard the learned senior counsel Mr. Bhatt appearing for the revenue and having gone through th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961 [for short The Act, 1961 ] is at the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Rajkot in the ITA 156/RJT/2017, dated 28/05/2019 for the A.Y. 200910. 2. The revenue has proposed the following questions of law: Whether the Appellate Tribunal has erred in law and on facts in quashing the order u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances justify, viz. he may direct for passing fresh assessment order; cancel assessment order and direct conducting fresh inquiry. He may pass the assessment order himself. The emphasis is that on examination of record, the Ld. Commissioner should satisfy that order passed by the AO is erroneous and prejudicial to the interest of the Revenue; meaning thereby, there should be a valid order in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s sought to be revised was passed. Now action under Section 263 has been contemplated in March, 2017. The order passed under section 143(3) r.w.s.147 has already been quashed, no action can be taken against this order, because it is not in existence. In such situation, action could be taken against the assessment order passed under section 143(3) because in that case also this issue must not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough the materials on record, we are of the view that there is no substantial question of law involved in this appeal. Although Mr. Bhatt tried to persuade us to take the view that the two issues on which the power is required to be exercised under Section 263 of the Act. 6. We are of the view that as the reassessment proceedings came to be quashed and the same has been accepted, no use ..... X X X X Extracts X X X X X X X X Extracts X X X X
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