Atherol Builders & Developers Pvt. Ltd. (Successor, of M/s- Hubert Builders & Developers Pvt. Ltd), Gurgaon V. PCIT, Delhi

ITA 1066/DEL/2021

AI Insights

The case involves Atherol Builders & Developers Pvt. Ltd., the successor of M/s Hubert Builders & Developers Pvt. Ltd., appealing against an order from the PCIT, Delhi-4 dated 22.03.2021. The appeal was heard by the Income Tax Appellate Tribunal Delhi Bench 'A'. The primary issue was the absence of a consequential order from the Assessing Officer following the PCIT's revisionary order under section 263 of the Income Tax Act, 1961. The tribunal found that the time limit for passing such an order had expired on 31.03.2022, rendering the appeal infructuous.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115953 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-08-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 06-09-2021
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI Before Sh. C. M. Garg, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1066/Del/2021 : Asstt. Year : 2015-16 Atherol Builders & Developers Pvt. Ltd., (Successor of M/s Hubert Builders & Developers Pvt. Ltd.), 1 st Floor, Shopping Mall Complex, Arjun Marg, DLF Phase-1, DLF City, Gurugram-122002 Vs PCIT, Delhi (APPELLANT) (RESPONDENT) PAN No. AAGCA8936L Assessee by : Sh. Satyajeet Goel, Adv. Revenue by : Sh. Kanv Bali, Sr. DR Date of Hearing: 17.08.2023 Date of Pronouncement: 31.08.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. PCIT, Delhi-4 dated 22.03.2021. 2. At the outset, it was submitted that no consequential order has been passed by the Assessing Officer after the order of the ld. PCIT u/s 263 of the Income Tax Act, 1961. Since, the time limit for passing the order u/s 143(3)/263 giving effect to the revisionary order u/s 263 dated 22.03.2021 stands expired on 31.03.2022, the appeal of the assessee is treated as infructuous and hence liable to be dismissed. Liberty is given to the assessee to revive the appeal in case the revenue could bring on record the order passed u/s 143(3)/263. ITA No. 827/Del/2023 Intelligent Communication Systems India Ltd. 2 6. In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 31/08/2023. Sd/- Sd/- (C. M. Garg) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 31/08/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR