ACIT, Central circle-4, New Delhi V. SMC Power Generation Ltd., New Delhi

ITA 5535/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7810 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 30-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DILIP KOTHARI
• Keywords: Set aside
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SH. BHAVNESH SAINI, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 5535/DEL/2017 : ASSTT. YEAR : 2008-09 ACIT, CENTRAL CIRCLE-4, NEW DELHI-110055 VS SMC POWER GENERATION LTD., E-13/29, 2 ND FLOOR, HARSHA BHAWAN, MIDDLE CIRCLE, CONNAUGHT PALACE, NEW DELHI-110001 (APPELLANT) (RESPONDENT) PAN NO. A AGCS3066B ASSESSEE BY : NONE REVENUE BY : SH. DILIP KOTHARI, CIT DR DATE OF HEAR ING: 25 . 0 2 .20 2 1 DATE OF PRONOUNCEMENT: 25 .03 .20 2 1 ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF THE LD. CIT(A)-23, NEW DELHI DATED 19. 06.2017. 2. FOLLOWING GROUNDS HAVE BEEN RAISED BY THE REVENU E: 1. THE ORDER OF THE LD. CIT(A) IS NOT CORRECT IN LA W AND FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN QUASHING THE ASSESSMENT ORDER PASSED U/S 143(3) R.W.S. 263. 3. THE ASSESSMENT ORDER U/S 263 R.W.S. 143(3) OF TH E INCOME TAX ACT, 1961 HAS BEEN PASSED ON 26.12.2016. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE ORDER PASSED BY THE LD. PCIT U/S 263 HAS BEEN SET ASIDE BY THE ORDER OF THE TRIB UNAL DATED ITA NO. 5535/DEL/2017 SMC POWER GENERATION LTD. 2 30.01.2017 IN ITA NO. 2161/DEL/2016 AND THAT THE LD . CIT (A) HAS ALLOWED THE APPEAL OF THE ASSESSEE BASED ON THE ORDER OF THE TRIBUNAL. 4. SINCE, AT THIS JUNCTURE, THE ORDER U/S 263 STAND S QUASHED, WE HOLD THAT THE ASSESSMENT ORDER PASSED PURSUANT T O THE ORDER U/S 263 OF THE ACT DO NOT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25/03/2021. SD/- SD/- (BHAVNESH SAINI) (DR. B. R. R. KUMAR) JUDICIAL MEMBER ACC OUNTANT MEMBER DATED: 25/03/2021 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR