Itxa/3168/2010 Of The Commissioner Of Income Tax , Iii Pune v. Lohia And Devikesh

itxa3168-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3168 OF 2010 The Commissioner of Income Tax-III, Pune ..Appellant. V/s. M/s. Lohia & Devikesh ..Respondent. Mr. Vimal Gupta, senior Advocate for the appellant.Mr. Mihir Naniwadekar for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ.DATED : 24TH SEPTEMBER, 2012 P.C. :- 1.Whether the ITAT was justified in setting aside the order of CIT(A) as also the fresh block assessment order passed by the assessing officer pursuant to the direction given by the CIT under Section 263 of the Income Tax Act, 1961, is the question raised in this appeal. 2.Challenging the order of the Commissioner passed under Section 263 of the Income Tax Act, 1961 ('the Act' for short), the assessee had filed an appeal and the ITAT has allowed the appeal and set aside the order passed by the CIT under Section 263 of the Act. Further appeal filed by the revenue against the order of the ITAT being Income Tax Appeal No.4543 of 2010 has been dismissed by us today i.e. 24[th] September, 2012. Thus, the order passed by the ITAT in quashing the order of CIT under Section 263 of the Act has attained finality. Once the order of CIT under Section 263 of the Act is set aside, the fresh block assessment order passed by the assessing officer as per the directions of CIT cannot be sustained. 3.In these circumstances, the decision of the Tribunal in setting aside the fresh block assessment order passed pursuant to the direction of CIT under Section 263 of the Act cannot be faulted. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)