2010 (4) TMI 698

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.... Per Dr. O.K Narayanan, Vice President : - These two appeals are cross-appeals filed by the assessee and the Revenue respectively. The relevant assessment year is 2002-03. These cross-appeals are directed against the orders of the CIT(A) - IV atBangaloredated16-9-2009. The assessment in this case has been completed u/s 143(3) read with sec. 263 of the Income-tax Act 1961. 2. The original assess....

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....isdiction to pass a revision order u/s 263. Accordingly the Tribunal set aside the revision order passed by the CIT. 3. The Assessing Officer, meanwhile, even after the Tribunal has set aside the revision order passed by the CIT, passed consequential assessment order in the light of the revision order passed by the CIT u/s 263. When the Assessing Officer passed the revised assessment order, it wa....

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.... have restored the matter back to the Assessing Officer. The contentions raised by the assessee in the appeal are that the CIT has not addressed the grounds raised by the assessee before him regarding future consequence, if any, that may arise out of the jurisdictional high court reversed the order of the Tribunal. 5. We heard both sides in detail. The CIT(A) has rightly allowed the appeal filed ....

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....have preferred to file an appeal before the Jurisdictional High Court against the order of the Tribunal setting aside the revision order passed by the CIT. If such an appeal has been already filed, well and good. Otherwise, Revenue has no remedy when the Tribunal has set aside the revision order of the CIT. The said order no more exists and the Assessing Officer has no substratum to build a second....