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Section 263 of the Income-tax Act, 1961 - Revision - Of orders prejudicial to interest of revenue - Assessment years 2001-02 & 2002-03 - Once order under section 263 passed by Commissioner had been set aside by Tribunal, it could not have allowed appeal of revenue arising out of order of Commissioner [In favour of assessee] CASES REFERRED TO CIT v. Sir Shadi Lal Enterprises Ltd. [2010] 325 ITR 561 (All.), CIT v. Hari Om Agarwal[2001] 249 ITR 382 /118 Taxman 59 (All.) and CIT v. Dhampur Sugar Mils Ltd. [1988] 170 ITR 449 /[1987] 34 Taxman 153 (All.). Piyush Kaushik and A.K. Goyal for the Appellant. A.N. Mahajan for the Respondent. JUDGMENT 1. We have heard Sri Piyush Kaushik, learned counsel for the appellants. Sri A. N. Mahajan appears for the respondents. 2. These two income-tax appeals for the assessment years 2001-02 and 2002-03 are directed against the order of the Income-tax Appellate Tribunal, Delhi Bench dated October 21, 2008, by which the appeal of the Revenue was allowed. 3. These appeals were admitted on the following substantial questions of law : "(1) Whether, on the facts and in circumstances of the case and in the law, the Income-tax Appellate Tribunal is justified in allowing appeal of the Income-tax Department against the order of the Commissioner of Income-tax (Appeals) which has become non est and infructuous in law ? (2) Whether, on the facts and in circumstances of the case and in the law, all the subsequent proceedings emanating therefrom the revision order under section 263 of the Commissioner of Income-tax being itself quashed become infructuous in law and the original assessment order whereby the assessment was made at the returned income shall prevail ? (3) Whether, in view of the provisions of section 80-IA(9) applicable to section 80-IB of the Income-tax Act, 1961, the restriction imposed by section 80-IA(9) is applicable at the stage of allowing deduction under section 80HHC or is applicable even at the stage of computing deduction under section 80HHC ?" 4. Sri Piyush Kaushik, learned counsel for the appellant-assessee, submits that the Income-tax Appellate Tribunal has, vide order dated December 8, 2008, quashed the order of…

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