If the order under sec 263 does not survive than the assessment order made under that sec also not survive

Last updated: 05 May 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
We have heard both the sides and perused the material placed before us. The facts of the case are that the impugned appeal has originated from the assessment order dated 28.12.2010 which was passed by the Assessing Officer in pursuance to the order under Section 263 passed by the CIT, Delhi-IV vide order dated 31.12.2009. On appeal, the ITAT in ITA No.678/Del/2010 quashed the order passed under Section 263. In view of the above, the CIT(A) quashed the assessment order dated 28.12.2010 which was passed by the Assessing Officer in pursuance to the order under Section 263. The Revenue, aggrieved with the order of the CIT(A), is in appeal before us

Citation :
Deputy Commissioner of Income Tax,Circle-11(1), New Delhi.(Appellant)Vs. M/s Eastern India Powertech Ltd.,(Formerly known as DLF Power Ltd.),DLF Galleria, 12th Floor,Phase-V, DLF City,Gurgaon – 122 002.PAN: AAACD0187C. (Respondent)