TaxTMI 
TaxTMI 
2026 (9) TMI 872
X X X X Extracts X X X X
X X X X Extracts X X X X
....short, "ITAT") in Income Tax Appeal No. 1895/Mum/2023. The assessment year in question is A.Y. 2015-16. 2. By the impugned order, the Tribunal has dismissed the Revenue's appeal directed against the appellate order passed by the National Faceless Appeal Centre, Delhi [the learned CIT (A)] dated 28 March, 2023, whereby the appeal filed by the respondent/assessee against the assessment order passed on 31 October 2021 by the NFAC, Delhi, under Section 143(3) read with section 263 of the Act, was allowed. By the said order, the learned CIT (Appeals) held that, once the Tribunal had quashed the order passed under Section 263 of the Act, the consequential order passed by the learned Assessing Officer under Section 143(3) read with Section 263 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....appeal against the order of the Hon'ble Tribunal quashing the order u/s 263 is pending with Hon'ble Bombay High Court in ITXAL 39391/2022 ? B. Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal has not erred in deciding the appeal ignoring the Revenue's appeal pending under section 260A without waiting for the final decision of the Hon'ble Bombay High Court in ITXAL 39391/2022 ? C. Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal has not erred in not waiting for the decision in appeal in ITXAL 39391/2022 pending with the Hon'ble Bombay High Court to be adjudicated before deciding up the impugned appeal? D.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....2020. It is not in dispute that, in the proceedings before the ITAT in Income Tax Appeal No. 30/Mum/2021, being the appeal filed by the Department, the Income Tax Appellate Tribunal quashed the order dated 18 March 2020 passed under Section 263 of the Act. Once this was the clear position on record, we are in agreement with Mr. Agrawal that the Assessing Officer could not have proceeded to pass an assessment order under Section 143(3) read with Section 263 of the Act, for the reason that the order dated 18 March 2020 passed under Section 263 of the Act itself was not in existence being quashed by the Tribunal. 9. We are also of the opinion that the assessee was correct in its approach in assailing the said order before the Commissioner o....