Bombay High Court
Commissioner Of Income Tax-Ii vs Hdfc Bank Ltd on 17 July, 2014
Author: B.P. Colabawalla
Bench: S.C. Dharmadhikari, B.P. Colabawalla
vrd 1 ITXA274/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.274 OF 2012
Commissioner of Income Tax-II ...Appellant
v/s
HDFC Bank Ltd. ...Respondent
Mr Suresh Kumar for Appellant.
Mr J.D. Mistry, Sr. Counsel with Mr Atul Jasani for Respondent.
CORAM : S.C. DHARMADHIKARI AND
B.P. COLABAWALLA JJ.
Reserved on : 10th July 2014.
Pronounced on : 17th July 2014.
JUDGMENT (Per B.P. Colabawalla J.) :-
1. This Appeal under section 260A of the Income Tax Act 1961 has been filed by the Commissioner of Income Tax-2 challenging the order of the Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) dated 19th August 2011. The Assessment Year in question is 2005-06.
2. The Appeal before the ITAT arose from the order passed by the Assessing Officer under section 143(3) of the Act in pursuance of the directions given by the Appellant in his order dated 23rd March 2009 ::: Downloaded on - 18/07/2014 23:50:19 ::: vrd 2 ITXA274/12 invoking his powers under section 263 of the Act. The said order of the Appellant dated 23rd March 2009 under section 263, was set aside by the ITAT vide its order dated 15th July 2011passed in ITA No.3284/MUN/2009.
The ITAT therefore held that the subsequent proceedings originating from the order passed by the Appellant under section 263 of the Act including the assessment order made by the Assessing Officer under section 143(3) r/w section 263 of the Act had become non-est in the eyes of law. In view thereof, the Appeal filed by the Assessee Bank was allowed by the ITAT.
The earlier order of the ITAT dated 15 th July 2011 under which the
3. order passed by the appellant under section 263 of the Act was quashed and set aside, came up for consideration before us in Income Tax Appeal No.250 of 2012. In the judgment passed in Income Tax Appeal No.250 of 2012, we have upheld the order passed by the ITAT dated 15 th July 2011 and dismissed the Appeal of the Revenue. In view thereof and for the reasons stated in the said judgment passed in Income Tax Act No.250 of 2012 we are of the view that even in this Appeal, no substantial question of law arises for our consideration. The Appeal is therefore dismissed. No order as to costs.
( B.P. COLABAWALLA J. ) (S.C. DHARMADHIKARI J. )
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