1 IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER & SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.2008/Del/2017 Assessment Year: 2005-06 Crew Bos Products Ltd. Vs DCIT, Central Circle-1, 37 Sector-4, IMT Manesar Faridabad. Gurgaon PAN: AAACC322F Appellant Respondent Revenue by Ms Rachna Singh, CIT-DR Assessee by Shri V. Raj Kumar, Advocate Date of Hearing 3.9.2019 Date of Pronouncement 19 .9.2019 ORDER PER K. NARASIMHA CHARY, J.M. Challenging order dated 31.1.2017 of learned Commissioner of Income-tax (Appeals)-3, New Delhi {for short Learned CIT(A) } passed in Appeal No.172/15-16, assessee preferred this appeal. 2. Brief facts of case are that by order dated 28/02/2013 passed under section 153A(1)(b) read with section 143(3) of Income Tax Act, 1961 (for short Act ), income of assessee was assessed at Rs.1,33,34,120/- as against return income of Rs.76,12,257/-. Ld. PCIT 2 (C), Gurgaon on examination of said order along with assessment records, by order dated 12/3/2015 found that assessment order was erroneous as well as prejudicial to interest of Revenue and set aside assessment order to file of Ld. AO to examine de novo after giving assessee opportunity of being heard in respect of deduction under section 10 B of Act and disallowance of interest as per provisions contained in proviso to section 36(1)(iii) of Act. 3. Learned Assessing Officer, after hearing assessee by order dated 12.01.2016 passed under section 263 read with section 143(3) of Act made certain additions and determined income of assessee at Rs.10,79,63,640/-. Aggrieved by said addition, assessee preferred this appeal. 4. At outset, it is submitted that order dated 12.03.2015 passed by Ld. PCIT (Central), Gurugram was quashed by coordinate Bench of this Tribunal by order dated 23.10.2018 in ITA No.3088/Del/2015 and, therefore, consequential order has no legs to stand and has to be quashed. 5. We have gone through order dated 23.10.2018 in ITA No. 3088/Del/2015 where under order passed by Ld. PCIT under section 263 of Act was quashed. We, therefore, hold that any consequential order will have no existence and consequently, assessment order dated 12.01.2016 passed under section 263 read with section 143(3) of Act has to be quashed. According, we do so. 3 6. In result appeal of assessee is allowed. Order pronounced in open court on 19th September, 2019. Sd/- sd/- (ANADEE NATH MISSHRA) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 19th September, 2019. VJ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 Date of dictation 5.9.2019 Date on which typed draft is placed before dictating 5.9.2019 Member Date on which typed draft is placed before Other Member Date on which approved draft comes to Sr. PS/PS Date on which fair order is placed before Dictating Member for pronouncement Date on which fair order comes back to Sr. PS/PS Date on which final order is uploaded on website of ITAT Date on which file goes to Bench Clerk Date on which file goes to Head Clerk date on which file goes to Assistant Registrar for signature on order Date of dispatch of Order Crew Bos Products Ltd. v. DCIT, Central Circle-1, Faridabad