The Commissioner Of Income Tax-4 v. M/S. Double Dot Finance Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 935 OF 2011 The Commissioner of Income Tax-4Versus M/s. Double Dot Finance Ltd. ..Appellant ..Respondent -------- Mr. Vimal Gupta, Sr. Advocate with Mrs. Padma Diwakar for the Appellant.Mr. Salil Kapoor with Mr. Jitendra Singh for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE : 21[st] January, 2013 P.C. : 1 In this appeal by the revenue for the assessment year 1999-2000, the following question of law has been framed for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal was right in quashing the order of the Commissioner of Income Tax passed under Section 263 of Income Tax Act? 2The CIT invoked jurisdiction under Section 263 of the Act in respect of the reassessment order SNC passed in the assessment year in question. The reassessment order itself was the subject matter of challenge before the ITAT and the ITAT had set aside the reassessment order. The appeal filed by the revenue against the said order of ITAT being Income Tax Appeal No.856 of 2011 has been dismissed by us today. Thus, the reassessment order itself stands set aside. In such a case, where the reassessment order itself does not survive, invoking jurisdiction under Section 263 of the Act, does not arise. Therefore, no fault can be found with the decision of the ITAT in quashing the order of CIT passed under Section 263 of the Act. 3Accordingly, we see no merit in the appeal and the same is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)