2024 (2) TMI 327

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..... urisdiction by directing the Ld. AO to proceed in terms of section 150 of the Income Tax Act, 1961 and reframe assessment order as per law and after complying with the prescribed procedure? - In the first round of litigation the quarrel travelled upto the Hon ble High Court in Vishnu Packaging Private Limited Versus Income Tax Appellate Tribunal [ 2022 (3) TMI 1576 - DELHI HIGH COURT ]. wherein se .....

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..... has set aside the assessment the power which he does not have, therefore, the order of the CIT(A) to this extent is bad in law as the CIT(A) has exceeded his jurisdiction. The appeal of the assessee is allowed. The assessment order and the order of the CIT(A) are quashed.
Sh. N. K. Billaiya, Accountant Member And Ms. Astha Chandra, Judicial Member For the Appellant : Sh. S. Krishnan, CA For .....

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..... the appeal." 3. In the first round of litigation the quarrel travelled upto the Hon'ble High Court in WP(C) 902/2022 order dated 02.03.2022 set aside the matter and remanded back to the ITAT to justify the matter afresh. The relevant findings of the Hon'ble High Court read as under :- "Learned counsel for the petitioner states that though the petitioner's proxy counsel had prayed for an adjour .....

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..... d by the Assessing Officer in the first instance has got revived. On the last date of hearing, Mr.Zoheb Hossain, learned counsel for the respondent had prayed for some time to obtain instructions. Today he states that the Assessing Officer has no objection to the present matter being remanded back to the ITAT for a fresh decision. Consequently, with the consent of learned counsel for the parti .....

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..... y unnecessary but also bad in law "in view of the same the impugned assessment order is deleted and the AO is directed to proceed in terms of the provisions of section 150 of the Act and reframe the assessment order in the case of the assessee as per law and after complying with the prescribed procedure". 6. This finding of the CIT(A) means that the CIT(A) has set aside the assessment the power w .....

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