9911796707
TMI Blog2023 (8) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... essee s appeal being allowed and the challenge to the same being withdrawn by the Revenue, adjudication of the present proceedings, which arise from the proceedings under Section 263, is rendered completely academic and inconsequential. Revenue, will not dispute as to what has ultimately happened in the Revenue s appeal arising from the orders passed under Section 143(3). He, therefore, would not dispute on the contention as urged on behalf of the Assessee that the proceedings of the present appeal are rendered academic. The appeal is, accordingly, disposed of as infructuous, in view of the antecedents as noted by us. - G.S. KULKARNI JITENDRA JAIN, JJ. For the Appellant : Mr. Suresh Kumar. For the Respondent Mr. Dharan G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the above, the learned Counsel for the assessee stated that the consequential assessment framed u/s 143(3) r.w.s. 263 of the Act dated 30-08-2011 will not survive and accordingly, the order of CIT(A) will not survive. We find from the above that the Tribunal has quashed the revision order of CIT-8, Mumbai dated 30-03-2011 and once the basic order is quashed, the consequential orders will not survive. Accordingly, we set aside the orders of the lower authorities and allow the appeal of the assessee. 5. In the result, the appeal of the assessee is allowed. 4. It is, thus, clearly seen that on the basis of the orders passed by the Tribunal on the proceedings, which had arisen from the orders passed by the Commissioner of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the said order itself had ended in the Assessee s appeal being allowed and the challenge to the same being withdrawn by the Revenue, adjudication of the present proceedings, which arise from the proceedings under Section 263, is rendered completely academic and inconsequential. 6. Mr. Suresh Kumar, learned Counsel for the Appellant Revenue, will not dispute as to what has ultimately happened in the Revenue s appeal arising from the orders passed under Section 143(3). He, therefore, would not dispute on the contention as urged on behalf of the Assessee that the proceedings of the present appeal are rendered academic. The appeal is, accordingly, disposed of as infructuous, in view of the antecedents as noted by us. 7. Appeal stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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