2021 (4) TMI 218

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.... 2. Before adverting to the grievance raised by the Revenue, we would like to briefly note background giving rise to these appeals.     Sr. No.   Event   Date       1.   Assessment order under section 143(3) of the Income Tax Act was passed in the case of the assessee   16-3-2015       2.   Appeal was filed by the assessee against order of the ld. CIT(A) dated 16.3.2015   08-03-2017       3.   The ld. CIT took cognizance under section 263 of the IT Act and set aside the assessment order dated 16.3.2015 directing the AO to frame a fresh assessment order   10-3-2017  &n....

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....2010-11 and 2011-12. The Tribunal has set aside this order of the ld. CIT(A), and restored all the issues to the file of the AO with a direction that income of the assessee be recomputed by keeping in mind judgment of Hon'ble Gujarat High Court; in other words by giving benefit of sections 11 and 12. During the pendency of the appeal before the Tribunal, the AO has given effect to the order of the ld. CIT passed in appeal filed against the assessment order under section 143(3). This order giving effect has been passed on 25.5.2017. Against this order, the assessee went in appeal before the ld. CIT(A), and the ld. CIT(A) has decided the appeal of the assessee vide order dated 26.2.2018. This order is impugned in ITA No. 1084/Ahd/2018. Qu....

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..... Thus, according to the Tribunal there could not be any 263 proceedings and the Tribunal has held that 263 proceedings become infructuous. The impugned assessment order dated 27.3.2017 has been passed on the basis of 263 order of the CIT. That order no more available, hence there are no leg to stand i.e. for second assessment order dated 27.3.2017. If that be so, the subsequent proceedings become redundant. It is also pertinent to note that while deciding the appeal against the regular assessment order dated 16.3.2015, the Tribunal has already observed that this assessment order was passed by denying deduction under sections 11 and 2 of the Act, because, the AO has held that second proviso to section 2(15) is applicable in the case of the ....