THE BOMBAY PRESIDENCY GOLF CLUB LTD., MUMBAI V. ITO (E)-1, MUMBAI

CO 269/MUM/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9433 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-03-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 06-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K SAHU
• Keywords: Reassessment proceedings
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B , MUMBAI BEFORE SHRI N. K. BILLAIYA , ACCOUNTANT MEMBER AND SHRI SANJAY GARG , JUDICIAL MEMBER ITA NO S . 5397 & 5398 /M/2012 ASSESSMENT YEAR S : 2004 - 05 & 2005 - 06 ITO (E)I(1) R.NO.505, PIRAMAL CHAMBERS, 5 TH FLOOR, PAREL, MUMBAI - 1 2 VS. M/S. THE BOMBAY PRESIDENCY GOLF CLUB LTD., DR. CHOITRAM GIDWANI ROAD, CHEMBUR, MUMBAI 7 4 PAN: AAATT5024B (APPELLANT) (RESPONDENT) CO NOS. 268 & 269 /M/201 3 (ARISING O UT OF ITA NO S . 5397 & 5398/M/2012) ASSESSMENT YEAR S : 2004 - 05 & 2005 - 06 M/S. THE BOMBAY PRESIDENCY GOLF CLUB LTD., DR. CHOITRAM GIDWANI ROAD, CHEMBUR, MUMBAI 7 4 PAN: AAATT5024B VS. ITO (E)I(1) R.NO.505, PIRAMAL CHAMBERS, 5 TH FLOOR, PAREL, MUMBAI - 1 2 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SHEKHAR GUPTA REVENUE BY : SHRI R.K. SAHU, D.R. DATE OF HEARING : 25.03. 201 4 DATE OF PRONOUNCEMENT : 28.03.2014 O R D E R PER SANJAY GARG, JUDICI AL MEMBER: WITH THIS COMMON ORDER WE WILL DISPOSE OF TWO APPEALS OF THE REVENUE AS WELL AS THE RESPECTIVE TWO CROSS OBJECTIONS FILED BY THE ASSESSEE RELEVANT TO ASSESSMENT YEARS 2004 - 05 AND 2005 - 06 RESPECTIVELY. ITA NOS.5397 & 5398/M/2012 CO NOS.268 & 269/M/2013 M/S. THE BOMBAY PRESIDENCY GOLF CLUB LTD. 2 2. THE PRESENT APPEALS AND CROSS OB JECTIONS ARE DIRECTED AGAINST THE SEPARATE ORDER S OF THE COMMISSIONER OF INCOME TAX (APPEALS) [(HEREINAFTER REFERRED TO AS CIT(A)] RELEVANT TO A.Y. 2004 - 05 AND A.Y. 2005 - 06 BOTH DATED 29.06.12 IN RELATION TO ADDITIONS MADE BY THE ASSESSING OFFICER (HEREINA FTER REFERRED TO AS THE AO) UNDER SECTION 143(3) READ WITH SECTION 147 OF THE INCOME TAX ACT (HEREINAFTER REFERRED TO AS THE ACT). IN BOTH THE CASES, T HE LD. CIT(A) UPHELD THE REOPENING OF THE ASSESSMENT S AND THEREAFTER PARTLY ALLOWED THE APPEAL S OF THE A SSESSEE GIVING HIM RELIEF ON CERTAIN ISSUES AND CONFIRMING THE ADDITIONS ON CERTAIN OTHER ISSUES AND THUS BOTH THE PARTIES I.E. THE ASSESSEE AND THE REVENUE ARE IN APPEAL AGAINST THE RELEVANT FINDINGS OF THE LD. CIT(A). 3. AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE HAS BROUGHT INTO OUR KNOWLEDGE THAT FOR THE SAME ASSESSMENT YEARS , THE ASSESSEE EARLIER HAD FILED APPEALS BEFORE THE TRIBUNAL BEARING ITA NOS. 4841 & 4842/M/2012 WHICH HAVE BEEN DECIDED BY THE TRIBUNAL VIDE A COMMON ORDER DATED 12.02.14. HE H AS FURTHER BROUGHT OUR ATTENTION TO PARA 8 OF THE SAID ORDER PASSED BY THE B BENCH OF THE TRIBUNAL VIDE WHICH THE TRIBUNAL HAS QUASHED THE REASSESSMENT PROCEEDINGS FOR ASSESSMENT YEAR 2004 - 05. FURTHER VIDE PARA 14 OF THE SAID ORDER THE TRIBUNAL HAS ALSO QUASHED THE REASSESSMENT ORDER FOR ASSESSMENT YEAR 2005 - 06 ALSO. 4. SINCE THE VERY REOPENING/REASSESSMENT HAS BEEN QUASHED BY THE TRIBUNAL FOR THE RELEVANT ASSESSMENT YEARS IN QUESTION, HENCE THE CONSEQUENTIAL CONFIRMATION OR DELETION OF THE ADDITIONS BASED ON THE REOPENING OF THE ASSESSMENT WILL NOT SURVIVE. ACCORDINGLY, THE APPEALS FILED BY THE REVENUE BECOME INFRUCTUOUS AND THE SAME ARE HEREBY DISMISSED. THE LD. A.R. OF THE ASSESSEE HAS MOVED A LETTER THAT HE WITHDRAWS THE CORRESPONDING CROSS OBJ ECTIONS IN VIEW OF THE ABOVE SAID FACTS. ITA NOS.5397 & 5398/M/2012 CO NOS.268 & 269/M/2013 M/S. THE BOMBAY PRESIDENCY GOLF CLUB LTD. 3 5. IN VIEW OF THE ABOVE, BOTH THE ABOVE TITLED APPEALS OF THE REVENUE AS WELL AS CROSS OBJECTIONS OF THE ASSESSEE ARE HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.03. 201 4 . SD/ - SD/ - ( N. K. BILLAIYA ) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 28.03. 201 4 . * KISHORE COPY TO: THE APPELLANT THE RESPONDENT THE C IT, CONCERNED, MUMBAI THE CIT ( A) CONCERNED, MUMBAI THE DR C BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.