2026 (7) TMI 348

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....t "CIT(A)"] even dated 07.08.2025 for the Assessment Year (in short "AY") 2013-14, 2014-15, 2015-16 & 2016-17. 2. As the facts are identical in these appeals, we hereby pass a consolidated order by taking ITA No.1044/SRT/2025 pertaining to A.Y. 2013-14 as the lead case. 3. The assessee has raised the following grounds of appeal: "1. On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in re-opening the assessment u/s. 147 of the Act and issuing notice u/s. 263 of the Income Tax Act, which is bad in law hence liable to be quashed and void ab inito. 2. On the facts and in the ....

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....e Tax Act, 1961. 7. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. 8. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of the hearing of the appeal." 4. The assessee filed the return of income for the assessment year 2013-14 manually on 29.03.2014, declaring a total income of Nil after claiming exemption of Rs. 3,76,57,512/- u/s 10(20) of the Income-tax Act, 1961 Act. Subsequently, the case of the assessee was reopened with the prior approval of the specified authority and after recordings reasons of reopening. Accordingly, notice u/s. 148 of the Act was issued to the assessee on 27.03.2021. Subsequent....

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....see filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 6. The Ld. Authorised Representative (in short "Ld. AR") for the assessee submitted that the consequential order passed on 23.03.2025 u/s 147 r.w.s. 263 r.w.s. 144B of the Act will not survive as the order u/s 263 of the Act, upon which the said assessment is based has been set aside by the Tribunal vide order dated 10.09.2025 (ITA Nos.246 to 248 & 223/SRT/2024). The Ld. Departmental Representative (in short "Ld. DR") also stated the same. 7. We have heard both the parties and perused all the relevant materials available on record. But assessment order passed while giving effect to the orders u/s 263 of the Act which were dated 09.02.2024 and 21.02.20....