COZY FOOTWEAR (P) LTD,DELHI V. INCOME TAX OFFICER, WARD-6(1), NEW DELHI, DELHI

ITA 1055/DEL/2024

AI Insights

The case involves Cozy Footwear (P) Ltd., the appellant, contesting an order from the CIT(A)/National Faceless Appeal Centre, Delhi, which upheld an earlier order passed under section 154 of the Income Tax Act, 1961. The dispute originated from the Assessment Year 2012-13. The appellant had previously challenged the original assessment order and the CIT(A)'s order in ITA No. 833/Del/2024, where the Tribunal quashed the assessment order, citing the invalidity of the reopening under section 147 of the Act. Given this precedent, the Tribunal found the current appeal to be infructuous and dismissed it accordingly.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 22944 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANISTA
• Assessee Lawyers: SOMIL AGARWAL; DEEPESH
• Keywords: Set aside; Reopening of assessment
• Section: 147; 154

Judgement Text

" 1 ITA No. 1055/Del/2024 Cozy Footwear (P) Ltd. vs. ITO IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘B’ NEW DELHI BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER ITA No. 1055/Del/2024 (A.Y. 2012-13) Cozy Footwear (P) Ltd. F-605, Rashmi Apartments Harsh Vihar, Pitam Pura, New Delhi PAN: AADCC8993N Vs. Income Tax Officer, Ward-6(1), New Delhi Appellant Respondent Assessee by Sh. Somil Agarwal, Adv & Sh. Deepesh Garg, Adv Revenue by Sh. Rajesh Kumar Dhanista, Sr. DR Date of Hearing 29/01/2025 Date of Pronouncement 31/01/2025 ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of the CIT(A) /National Faceless Appeal Centre, Delhi (‘NFAC’ for short) dated 27/02/2024 for the Assessment Year 2012-13. 2. The Ld. Counsel for the Assessee submitted that the present Appeal is against the order dated 06/01/2024wherein the Ld. CIT(A) upheld the order of the A.O. passed u/s 154 of the Income Tax Act, 1961 (‘Act’ for short). The Ld. Counsel further submitted that the quantum Appeal 2 ITA No. 1055/Del/2024 Cozy Footwear (P) Ltd. vs. ITO challenging the original assessment order and the order of the Ld. CIT(A) has been allowed by the Co-ordinate Bench of the Tribunal in ITA No. 833/Del/2024, therefore, sought for passing appropriate order in the present Appeal. 3. We have heard both the parties and perused the material available on record. In the original quantum appeal filed by the Assessee in ITA No. 833/Del/2024, the Co-ordinate Bench of the Tribunal quashed the assessment order while allowing the Appeal of the Assessee in following manners: - “Thus, once the issue has been decided on merits by the Tribunal, being the highest fact finding authority and a categorical finding has been given regarding the genuineness of the transaction, the very same transaction cannot again be made the subject matter of reopening of assessment under section 147 of the Act. Thus, looked at from any angle, the reopening of assessment under section 147 of the Act in the present case has to be declared as invalid and wholly without jurisdiction. Accordingly, we do so and quash the order passed under section 143/147 of the Act. Consequently, the order of learned first appellate authority is set aside. Ground nos. 1, 2 and 3 are allowed.” 4. Considering the fact that the assessment order itself has been quashed by the Tribunal, the consequent order passed u/s 154 of the Act and the subsequent order passed by the Ld. CIT(A) becomes non-est and the present Appeal becomes in-fructuous, therefore, we dismiss the Appeal of the Assessee as having become in-fructuous. 3 ITA No. 1055/Del/2024 Cozy Footwear (P) Ltd. vs. ITO 5. In the result, the Appeal of the Assessee is dismissed. Order pronounced in the open court on 31st January, 2025 Sd/- Sd/- (AVDHESH KUMAR MISHRA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 31.01.2025 R.N, Sr.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI "