Flair Exports Pvt. Ltd., New Delhi V. ACIT Circle-9(1), New Delhi

ITA 7090/DEL/2019

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0361 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 12-11-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 26-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.7090/DEL/2019 (ASSESSMENT YEAR : 2014-15) M/s. Flair Exports Pvt. Ltd., vs. ACIT, Circle 9 (1), 227, Okhla Indl. Estate, Phase - III, New Delhi. New Delhi. (PAN : AAACF1183A) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Deepak Malik, Advocate REVENUE BY : Shri T. James Singson, CIT DR Shri Vivek Kumar Upadhyay, Sr.DR Date of Hearing : 13.11.2023 Date of Order : 20.11.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal filed by the assessee is directed against the order of ld. CIT (Appeals)-3, New Delhi dated 11.07.2019 pertaining to AY 2014-15. 2. At the outset, in this case, ld. Counsel of the assessee pointed out that Assessing Officer passed order u/s 143(3)/263 of the Income-tax Act, 1961 (for short 'the Act') for AY 2014-15 subsequent to the order passed u/s 263 of the Act by Pr.CIT, Central 1, Delhi on 27.03.2017. He pointed out that the order dated 27.03.2017 passed by the Pr.CIT has already been ITA No.7090 /Del./2019 2 set aside by the ITAT in ITA No.2286/Del/2017 vide order dated 24.11.2021. Hence, he submitted that the assessment proceeding subsequent to 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 is that in assessee’s own case, ITAT in ITA No.2886/Del/2017 vide order dated 24.11.2021 has set aside the 263 order. In this view of the matter, assessment proceedings subsequent to 263 order does not survive and accordingly, we quash the assessment. 5. In the result, this appeal filed by the assessee stands allowed. Order pronounced in the open court on this 20 th day of November, 2023. Sd/- sd/- (KUL BHARAT) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 20 th day of November, 2023/TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A)-24, New Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.