2022 (8) TMI 429

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..... 263 is also has no life after the order of ITAT. The order passed u/s 263 of the Act on 13.03.2018 was generated on basis of nonest order. So entire foundation of the second round of order u/s 263 is beyond jurisdiction. Accordingly, the order passed u/s 263 of the Act on dated 13.03.218 is quashed.
SHRI B. R. BASKARAN , ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE , JUDICIAL MEMBER For the Assessee : Sh. Sunil Nahta & Shivani Chaurasia For the Revenue : Shri H.N. Singh, CIT-DR ORDER PER ANIKESH BANERJEE , J. M. The instant appeal was filed by the assessee against the Order of the Learned Principal Commissioner Income Tax -1, Mumbai [In short PCIT], order passed u/s 263 of the Income Tax Act, 1961 (in short "Act"), the order dat .....

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..... er u/s 143(3) r.w.s. 263 dated 31.03.2016 for adjudication. 2.2 The learned counsel of the assessee had filed a paper book from page no. 1 to 232 which kept in the record. The ld. Counsel of the assessee argued that the ITAT has quashed the order of the Ld. PCIT, passed u/s 263 dated 30.03.2015. So, the order passed by Ld. A.O. on 31.03.2016 u/s 143(3) r.w.s. 263 of the Act is automatically infructuous. Accordingly, the order of Ld. PCIT, passed u/s 263 which is standing on the foundation of the order passed u/s 143(3) r.w.s. 263 of the Act is nonest. 2.3 The ld. Counsel of the assessee argued that Ld. PCIT erred in invoking the revisionary power u/s 263 of the Act without appreciating the fact that the Ld. A.O. after making all possible .....

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..... diction u/s 263 of the Act for more than one reason as detailed supra. Accordingly, the revision order passed by him u/s 263 of the Act is hereby quashed. Accordingly, the grounds raised by the assessee are allowed." 3. The Ld. DR vehemently argued and relied on the order of the Ld. PCIT and was unable to submit any contrary view related to submission of the assessee. 4. We heard the rival submission and relied on the documents available in the record. The Ld. PCIT invoked the provisions of section 263 of the Act on basis of the order passed u/s 143(3) r.w.s. 263 of the Act on 31.03.2016. The entire assessment order was generated as per the direction of the order of the Ld. PCIT u/s 263 of the Act passed on 30.03.2015 but this order u/s .....

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