ADITYA MUNDRA,DEWAS V. INCOME TAX OFFICER - 1, DEWAS, DEWAS

ITA 535/IND/2024

AI Insights

The case involves three separate appeals by Manoj Kumar Mundra, Aditya Mundra, and Manish Mundra against the orders of the Commissioner of Income-Tax (Appeals), NFAC, Delhi, which arose from the respective assessment orders passed by the AO under sections 143(3) read with section 263 of the Income-tax Act, 1961 for the Assessment Year 2014-15. Initially, the AO passed assessment orders, which were later set aside by the Principal Commissioner of Income-tax (PCIT) through revision orders under section 263, directing the AO to pass fresh orders. The fresh assessment orders were challenged by the assessees but were upheld by the CIT(A). The assessees then approached the ITAT, which had previously quashed the revision orders in a consolidated decision dated 13.01.2021, leading to the current appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 470285 (ITAT-INDORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FORREVENUEAGREESTOTHESUBMISSION; SHRIASHISHPORWAL
• Assessee Lawyers: SHRIS.S.DESHPANDE
• Keywords: Revision of order
• Section: 143(3); 263; 20

Judgement Text

"Page 1 of 4 आयकरअपीलीयअिधकरण, इंदौरɊायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE SHRI B.M. BIYANI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER ITA No.534/Ind/2024 Assessment Year:2014-15 Manoj Kumar Mundra, 24-HIG, Vijay Nagar, Dewas बनाम/ Vs. ITO (Ward-1), Dewas (Assessee/Appellant) (Revenue/Respondent) PAN: AFZPM7957A ITA No.535/Ind/2024 Assessment Year:2014-15 Aditya Mundra, 24-HIG, Vijay Nagar, Dewas बनाम/ Vs. ITO (Ward-1), Dewas (Assessee/Appellant) (Revenue/Respondent) PAN: AFZPM7958R ITA No. 536/Ind/2024 Assessment Year:2014-15 Manish Mundra, 24-HIG, Vijay Nagar, Dewas बनाम/ Vs. ITO (Ward-1), Dewas (Assessee/Appellant) (Revenue/Respondent) PAN: AAQPM9678N Assessee by Shri S.S. Deshpande, AR Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 08.01.2025 Date of Pronouncement 31.01.2025 Manoj Mundra and Others ITA No. 534 to 536/Ind/2024 – AY 2014-15 Page 2 of 4 आदेश/ O R D E R Per Bench: The captioned three appeals by three different assessees challenge three separate orders of first appeal dated 29.01.2024, 21.08.2023 & 22.04.2024, all passed by learned Commissioner of Income-Tax (Appeals), NFAC, Delhi [“CIT(A)”] which in turn arise out of respective assessment-orders dated 23.12.2019 passed by learned ITO, Ward-1, Dewas [“AO”] u/s 143(3) r.w.s. 263 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2014-15. 2. The background facts leading to filing of present three appeals are identical. In all these cases, initially assessment-orders were passed by AO u/s 143(3). Thereafter, the Principal Commissioner of Income-tax [“PCIT”] passed revision-orders u/s 263 whereby the assessment-orders were set aside and the AO was directed to pass fresh orders. Pursuant to revision- orders, the AO passed fresh assessment-orders dated 23.12.2019 u/s 263 r.w.s. 143(3) after making certain additions. The assessees then filed first- appeals to CIT(A) assailing the orders of fresh assessment but did not get any success. Now, the assessees have come before us in next appeals. Manoj Mundra and Others ITA No. 534 to 536/Ind/2024 – AY 2014-15 Page 3 of 4 3. The Registry has informed a delay of 103 days, 233 days and 20 days respectively in filing these appeals and therefore time-barred. Ld. AR for assessee firstly submitted that the assessees have filed condonation applications supported by affidavits. Referring to para 5 & 6 of the affidavits, Ld. AR submitted that the present matters emanate from revision-orders passed by PCIT u/s 263; that the assessee filed appeals before ITAT, Indore against concerned revision orders; that the appeals of assessee were decided by ITAT, Indore through a consolidated order dated 13.01.2021 in favour of assessee wherein the revision-orders were quashed. Therefore, the assessees gained an understanding that their cases have been closed and do not require any action in present matters. Subsequently, when the counsel guided that filing of appeals is also required in present matters, the assessees arranged to file these appeals. Hence, there occurred delays. On merits of cases, Ld. AR submitted that since the revision-orders passed u/s 263 have already been quashed by ITAT’s aforesaid order dated 13.01.2021, the consequential fresh assessment-orders passed by AO u/s 263 r.w.s. 143(3), which give rise to present appeals, have also become infructuous. Ld. AR has filed copy of aforesaid order of ITAT, Indore dated 13.01.2021. Manoj Mundra and Others ITA No. 534 to 536/Ind/2024 – AY 2014-15 Page 4 of 4 Therefore, the present appeals deserve to be allowed. Ld. AR accordingly prayed that the delays in filing appeals ought to be condoned and also present appeals be allowed. Ld. DR for revenue agrees to the submission and prayer of Ld. AR. Faced with this situation, the delays in filing present appeals are hereby condoned and also the present appeals are allowed with the result that the impugned orders of fresh assessment dated 23.12.2019 passed by AO are quashed. 4. Resultantly, these appeals are allowed. Order pronounced by putting on notice board as per Rule 34 of ITAT Rules, 1963 on 31/01/2025 Sd/- Sd/- (DINESH MOHAN SINHA) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore िदनांक/Dated : 31/01/2025 Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Sr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore "