The AO had passed an order which was set aside by the Principal CIT, and thereafter, the order of reassessment was passed by the AO under s. 263 r/w s. 143(3). Once the order under s. 263 has become final and stood quashed, no question of passing another order will arise in view of the fact that the subsequent order passed by the AO is invalid in the eye of law, as the opinion formed by the AO is not sustained on the reasoning that revision under s. 263 is not permissible. When the order of assessment is found to be erroneous and prejudicial to the interest of Revenue, the right vests with the Principal CIT to review the order and since the said stipulation has not been satisfied, the order passed under s. 263 cannot stand on its leg. Order of Tribunal is affirmed. (AY. 2014-15)
PCIT v. North Eastern Electric Power Corporation Ltd. (2024) 339 CTR 424 / 164 taxmann.com 307 ((Meghalaya) (HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue -Accrual – Accounting – Once an order become final and stood quashed-Subsequent order is not valid.[S. 143(3),145(1), 260A.]