Superseded assessment loses appeal basis once a fresh assessment replaces the original controversy and governs the dispute.

Where an original assessment has been set aside in revision and replaced by a fresh assessment, an appeal directed against the superseded assessment loses its operative basis. The earlier appellate relief no longer survives once the fresh assessment governs the controversy, so the Revenue's appeal was not maintainable on the existing record. The result was in favour of the assessee because the earlier assessment dispute had been displaced by the later assessment process.

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Issues: Whether the Revenue's appeal survived after the original assessment had been set aside under revision and a fresh assessment had been framed and accepted.

Analysis: The assessment originally challenged before the appellate authority had already been set aside in revision, and the assessing officer had been directed to make a fresh assessment according to law. A fresh assessment was thereafter made, and the later appeal arising from that assessment had already been accepted by both sides. In these circumstances, the Revenue's appeal against the earlier appellate relief no longer had any subsisting foundation.

Conclusion: The appeal was not maintainable on the existing record and the finding is in favour of the assessee.

Final Conclusion: The Revenue's challenge failed because the earlier assessment controversy had been replaced by a fresh assessment process, leaving no effective basis for the appeal.

Ratio Decidendi: Where an original assessment has been validly set aside in revision and replaced by a fresh assessment that governs the controversy, an appeal directed against the superseded assessment loses its operative basis.

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