Mr Suresh Kumar for Appellant.
Mr J.D. Mistry, Sr. Counsel with Mr Atul Jasani for Respondent.
CORAM : S.C. DHARMADHIKARI AND
B.P. COLABAWALLA JJ.
1. This Appeal under section 260A of the Income Tax Act 1961 has
been filed by the Commissioner of Income Tax-2 challenging the order of
the Income Tax Appellate Tribunal (hereinafter referred to as the ITAT)
dated 19th August 2011. The Assessment Year in question is 2005-06.
2. The Appeal before the ITAT arose from the order passed by the
Assessing Officer under section 143(3) of the Act in pursuance of the
directions given by the Appellant in his order dated 23rd March 2009
vrd 2 ITXA274/12
invoking his powers under section 263 of the Act. The said order of the
Appellant dated 23rd March 2009 under section 263, was set aside by the
ITAT vide its order dated 15th July 2011passed in ITA No.3284/MUN/2009.
The ITAT therefore held that the subsequent proceedings originating from
the order passed by the Appellant under section 263 of the Act including the
assessment order made by the Assessing Officer under section 143(3) r/w
section 263 of the Act had become non-est in the eyes of law. In view
thereof, the Appeal filed by the Assessee Bank was allowed by the ITAT.
The earlier order of the ITAT dated 15 th July 2011 under which the
3.
order passed by the appellant under section 263 of the Act was quashed and
set aside, came up for consideration before us in Income Tax Appeal No.250
of 2012. In the judgment passed in Income Tax Appeal No.250 of 2012, we
have upheld the order passed by the ITAT dated 15 th July 2011 and
dismissed the Appeal of the Revenue. In view thereof and for the reasons
stated in the said judgment passed in Income Tax Act No.250 of 2012 we are
of the view that even in this Appeal, no substantial question of law arises for
our consideration. The Appeal is therefore dismissed. No order as to costs.
( B.P. COLABAWALLA J. ) (S.C. DHARMADHIKARI J. )