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TMI Blog2023 (6) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... IT u/s 263 - Assessee submitted while deciding assessee s appeal against the order passed u/s 263 Tribunal set aside the order passed u/s 263 and restored the assessment order, which was subjected to proceedings u/s 263 - HELD THAT:- We find, the assessment order under challenged in the present appeal was passed by the AO in pursuance to an order passed by the Learned CIT under Section 263 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PER SAKTIJIT DEY, JUDICIAL MEMBER: Captioned appeal by the assessee is against the final assessment order dated 27.01.2023 passed by the Assessing Officer under Sections 144C(13)/263/143(3) of the Income-Tax Act,1961 pertaining to assessment year 2015-16, in pursuance to the directions of learned Dispute Resolution Panel (DRP). 2. We have heard Shri Sachit Jolly, learned counsel appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal set aside the order passed under Section 263 of the Act and restored the assessment order, which was subjected to proceedings under Section 263 of the Act. He submitted, though, order passed by the Tribunal was brought to the notice of learned Dispute Resolution Panel and the Assessing Officer, however, they still went ahead with their respective directions/orders, though, the proceedings ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 263 of the Act, itself, is not in existence, the consequential orders passed in pursuance to the revision order, including, the impugned assessment order cannot survive. 6. In view of the aforesaid, we quash the assessment order dated 27.01.2023 under challenge in the present appeal. 7. In the result, the appeal is allowed, as indicated above. Order pronounced in the open court on 03rd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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