Commissioner Of Income Tax – 2, Mumbai v. M/S.tech Mahindra Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6793 OF 2010 Commissioner of Income Tax – 2, Mumbai ..Appellant. Versus M/s.Tech Mahindra Limited..Respondent. None for the appellant.Mr.Percy J. Pardiwala, Senior Adocate with Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar &A.R. Joshi, JJ. DATE : 25[th] November 2011 P.C. : 1.The question of law raised by the Revenue in this appeal, reads thus : “Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that since the Order of the CIT passed under Section 263 has been quashed by it the subsequent order of the assessing officer passed under Section 143(3) read with Section 263 of the Income Tax Act, 1961 does not survive ?” 2.In the present case, appeal filed by the Revenue challenging the decision of the Income Tax Appellate Tribunal in quashing the order of the Commissioner of Income Tax passed under Section 263 of the Income Tax Act, 1961 being Income Tax Appeal No.4673 of 2010 has been dismissed by 3.In this view of the matter, since the order of the Commissioner of Income Tax under Section 263 stands quashed, the decision of the Income Tax Appellate Tribunal in holding that the assessment order passed under Section 143(3) in implementation of the order passed under Section 263 of the Income Tax Act, 1961 does not survive, cannot be faulted. 4.The appeal is accordingly dismissed with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)