ITA No 579 of 2024 JVR Retails Pvt Ltd

Parties Involved

Facts Summary

The appeal filed by the Revenue is directed against the order dated 04/03/2024 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2012-13. There is a delay of 27 days in filing of the appeal by the Revenue. The Revenue has filed a condonation petition stating that the delay is due to retrieving of the relevant records for the A.Y 2012-13 and most of the officials were on election duties. After considering the condonation petition, the delay in filing of the appeal by the Revenue is hereby condoned and the appeal is admitted for adjudication. At the time of hearing, the learned Counsel for the assessee submitted that the present appeal filed by the Revenue is unsustainable in law, because the Revenue has filed appeal against the consequential order passed by the Assessing Officer u/s 143(3) r.w.s 263 of the I.T. Act, 1961, but same has been quashed by the Tribunal. Therefore, he submitted that the appeal filed by the Revenue should be dismissed. The learned DR, on the other hand, submitted that although the Tribunal has quashed the order passed by the PCIT u/s 263 of the I.T. Act, 1961, but fact remains that the Revenue has not accepted the order of the Tribunal and further appeal has been filed before the Hon'ble High Court and since the appeal has been filed against the order of the Tribunal, the present appeal filed by the Revenue needs to be adjudicated. We have heard both the parties, perused the material available on record and gone through the orders of the authorities …

Legal Issues

• 1. Whether the appeal filed by the Revenue is sustainable in law?
• 2. Whether the consequential order passed by the Assessing Officer survives after the order passed by the PCIT u/s 263 of the I.T. Act, 1961 is quashed by the Tribunal?

Judgment Outcome

Decided in favour of Revenue.

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