CBS Steel (P) Ltd., Delhi V. Pr. CIT, New Delhi

ITA 2140/DEL/2017

AI Insights

The case involves CBS Steel (P) Limited, the appellant, contesting an order under section 263 of the Income-tax Act, 1961, issued by the Commissioner of Income Tax (CIT), Delhi-2, which pertained to the Assessment Year 2011-12. The primary contention was that the original assessment order, which was the subject of the CIT's revision, had already been quashed by the ITAT in a separate appeal (ITA No.2884/Del/2022) dated 17.02.2023. Both parties agreed that the revision order under section 263 could not stand following the quashing of the assessment order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113704 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 14-03-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 09-04-2017
• Other Referred Cases: ITA No.2884/Del/2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order; Set aside
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.2140/Del./2017 (ASSESSMENT YEAR : 2011-12) CBS Steel (P) Limited, vs. Pr.CIT, Delhi-2, 1 st Floor, 9, Rajdhani Enclave, New Delhi. Pitampura, Delhi – 110 034. (PAN : AACCC7004P) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Sachin Kumar, CA REVENUE BY : Shri T. James Singson, CIT DR Date of Hearing : 15.03.2023 Date of Order : 17.03.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of ld. CIT, Delhi-2, New Delhi dated 30.03.2017 pertaining to the Assessment Year 2011-12. 2. At the outset, in this case, ld. Counsel of the assessee pointed out that this is an order passed under section 263 of the Income-tax Act, 1961 (for short 'the Act') for AY 2011-12. He pointed out that the order passed by the AO u/s 143 (3) of the Act which is the subject matter of revision of ITA No.2140/Del./2017 2 ld. CIT has already been quashed by the ITAT in ITA No.2884/Del/2022 vide order dated 17.02.2023. Hence, he submitted that the 263 order does not survive. 3. Per contra, ld. DR of the Revenue could not dispute the above proposition. 4. Upon careful consideration, we note that the contention of the ld. Counsel of the assessee that in assessee’s own case, ITAT in ITA No.2884/Del/2022 vide order dated 17.02.2023 has quashed the assessment order, is correct. In this view of the matter, 263 order passed by the ld. CIT could not survive. Hence, the order passed u/s 263 by the ld. CIT is set aside as such. 5. In the result, this appeal filed by the assessee stands allowed. Order pronounced in the open court on this 17 th day of March, 2023. Sd/- sd/- (ASTHA CHANDRA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 17 th day of March, 2023 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT, Delhi-2, New Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.