The Commissioner Of Income Tax-3Mumbai v. M/S. Icici Bank Ltd.mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 6233 OF 2010 The Commissioner of Income Tax-3Mumbai..Appellant versus M/s. ICICI Bank Ltd.Mumbai ..Respondent -------- Mr. Vimal Gupta, Senior Advocate i/b Ms. Padma Diwakar for the Appellant. Ms. Aarti Vissanji for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE : 16[th] October, 2012 P.C. : 1This appeal arises out of the order passed by the Assessing Officer while giving effect to the order of the CIT under Section 263 of the Income Tax Act, 1961. It is not in dispute that the order passed by the CIT under Section 263 was set aside by the ITAT and the appeal filed by the Revenue against the said decision was also dismissed by this court on 08.02.2012. In this view of the matter, where the order passed by the CIT under Section 263 is quashed, the question of sustaining the assessment order based on the order of CIT under Section 263 does not arise at all. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)