2020 (8) TMI 434

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....R G.MANJUNATHA, ACCOUNTANT MEMBER: These two appeals filed by the revenue are directed against separate, but identical orders of the Ld. Commissioner of Income tax (Appeals)-9, Mumbai, both dated 28/01/2019 for the Asst.Years 2011-12 and 2012-13. Since, facts are identical and issues are common for the sake of convenience, these appeals were heard together and are disposed-off by this consolidate....

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....ati Ltd.??. Assistant Commissioner of Income-tax, Circle- 2 (2) and has treated the order passed u/s 263 of the I.T.Act, 1961 as invalid and thereby the assessment order." 3. "The appellant craves leave to amend or alter any ground or add a new ground which may be necessary." 3. The brief facts of the case are that the assessee company is engaged in the business of manufacturing and trading of ....

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....as invoked revisional jurisdiction u/s 263 of the I.T.Act, 1961 and has set aside the assessment order with certain directions. The assessee has challenged the order passed by the Ld.PCIT u/s 263 of the Act, before the ITAT. The ITAT, Mumbai 'F' Bench in ITA No.701/Mum/2018, vide order dated 16/11/2018 has set aside 263 order passed by the Ld.PCIT and restored the assessment order passed by the Ld....

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....ecord and gone through orders of the authorities below. At the time of hearing, the Ld. AR for the assessee, as well as the Ld. DR has fairly agreed that the appeal filed by the revenue is not maintainable, because the Ld.CIT(A) has deleted additions made by the Ld. AO, on the basis of 263 order passed by the Ld.PCIT, but the u/s 263 order passed by the Ld.PCIT has been set aside by the ITAT. Ther....