Astrix Laboratories Limited,, ... vs Assessee
- CitationITA No.1306/Hyd/2014
Ratio decidendi
The rule this decision rests on
Where an order passed under section 263 has been set aside by the Tribunal in a separate appeal, the assessment order passed by the Assessing Officer in pursuance of that revisional order, together with the order of the first appellate authority arising from it, falls with it and becomes non est in law, so that the appeal against those subsequent orders is allowed and they are set aside.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
M/s. Astrix Laboratories Ltd., V/s. Dy. Commissioner of Income-tax Hyderabad Central 16(2), Hyderabad
( PAN - AAFCA 4120 R)
(Appellant) (Respondent)
Appellant by : Shri Satyanarayana
Respondent by : Smt. D. Aparna Rao
Date of Hearing 20.01.2015 Date of Pronouncement 20.01.2015
ORDER
Per P.M.Jagtap, Accountant Member:
This appeal filed by the assessee is directed against the order of learned Commissioner of Income-tax(Appeals)-V, Hyderabad dated 31.3.2014.
2. We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that this appeal is arising form the order passed by the Assessing Officer under S.143(3) in pursuance of the order passed by the learned Commissioner of Income-tax IV, Hyderabad under S.263 on 26.3.2012. As submitted by the learned counsel for the assessee, the order passed by the learned Commissioner of Income-tax u/s. 263 has already been set aside by the Tribunal vide its order dated 16.1.2015 passed in ITA No.840/Hyd/2012. Consequently, the subsequent proceedings originated from the order passed by the learned Commissioner of Income-tax under S.263 including the 2 ITA No. 1306/Hyd/2014 M/s. Astrix Laboratories Ltd., Hyderabad
assessment order made by the Assessing Officer u/s. 143(3) read with S.263, as well as the impugned order of the learned CIT(A) have become non-est in the eye of law. We, therefore, set aside the said orders and allow this appeal of the assessee.
3. In the result, appeal of the assessee is allowed.
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Order pronounced in the court on 20th January, 2015 Sd/- Sd/-
(Saktijit Dey) (P.M.Jagtap) Judicial Member Accountant Member
Dt/- 20th January, 2015
Copy forwarded to:
1. M/s. Astrix Laboratories Ltd., Plot No.564/A/22, Road No.92, Jubilee Hills, Hyderabad
2. Dy. Commissioner of Income-tax Circle 16(2), Hyderabad
3. Commissioner of Income-tax(Appeals) V Hyderabad
4. Commissioner of Income-tax IV, Hyderabad
5. Departmental Representative, ITAT, Hyderabad.
B.V.S
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