Appeal and Cross Objection Dismissed in Tax Case under Section 263

The appeal by Revenue and cross objection by the assessee against the order of CIT(A)-III, Chennai under section 263 of the Act were dismissed by the Tribunal. The Tribunal found the revisionary proceeding to be struck down in a previous order, rendering the appeal and cross objection infructuous as the assessment made based on the revisionary order ceased to exist. The Tribunal clarified that in case of revival of any order, all connected matters would also be revived, dismissing concerns raised by the assessee's representative. Ultimately, both the appeal and cross objection were dismissed.

---

---

Issues involved: Appeal by Revenue and cross objection by assessee against order of CIT(A)-III, Chennai u/s 263 of the Act.

The judgment pertains to an appeal and cross objection arising from a revisional order u/s 263 of the Act. The Tribunal noted that the revisionary proceeding had been struck down in a previous order, rendering the appeal infructuous. Consequently, the appeal by the Revenue was dismissed as the assessment made based on the revisionary order ceased to exist. The cross objection filed by the assessee was also deemed not to survive. The assessee's representative expressed concerns about the grounds raised in the cross objection being permanently washed away. However, the Tribunal clarified that in case of revival of any order, all connected matters would also be revived, thus dismissing the fear raised by the representative. Ultimately, both the appeal by the Revenue and the cross objection by the assessee were dismissed. The order was pronounced in open court on 12.12.2011.

---