2025 (7) TMI 37

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....sessment for the A.Y. 2015-16 was completed under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') on 18.12.2017 at total income of Rs. 11,32,760/- wherein disallowance of Rs. 1,73,172/- was made under Section 14A read with Rule 8D of the Act. Thereafter, the Ld. PCIT Ahmedabad-3, vide order under Section 263 of the Act dated 26.03.2021, had set aside the assessment order with a direction to make requisite enquiries and proper verification in respect of the issues as mentioned in his order and, thereafter, complete the assessment de novo. In pursuance to the direction of Ld. PCIT, the Assessing Officer (AO) had completed the assessment afresh under Section 144 read with Section 263 of the Act on 21.03.2022 a....

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....erred in law and on facts in deleting the addition of Rs. 1,73,172/- made by AO on account of disallowance u/s.14A r.w. Rule 8D of the Act. (g) The appellant craves leave to add, alter and/or to amend all or any the ground before the final hearing of the appeal. 5. Shri S.K. Agal, Ld. Sr. DR appearing for the Revenue submitted that the Ld. CIT(A) had allowed the relief to the assessee for the reason that the order passed by the Ld. PCIT -3, Ahmedabad under Section 263 of the Act was set side by the ld. ITAT in ITA No.296/Ahd/2022 dated 30.05.2024. As a result, the Ld. CIT(A) had held that the consequential assessment order passed under Section 144 read with Section 263 of the Act does not survive and accordingly he had allowed t....