ACIT Central Circle 2(1), CHENNAI V. Cavinkare Pvt. Ltd., CHENNAI

ITA 1074/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1561 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T BANUSEKAR
• Section: 63

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH : CHENNAI . , ! ' # ' $ . %& , ( * + [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.1074/CHNY/2018. / ASSESSMENT YEAR : 2003-04 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1) CHENNAI. VS. M/S. CAVINKARE PRIVATE LIMITED, NO.12, CENOTAPH ROAD, TEYNAMPET, CHENNAI 600 018. [PAN AAACB 3754B] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : SHRI. AR.V. SREENIVASAN, JCIT. /RESPONDENT BY : SHRI. T. BANUSEKAR, C.A. /DATE OF HEARING : 15-11-2018 ! /DATE OF PRONOUNCEMENT : 19-11-2018 0 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER IN THIS APPEAL FILED BY THE REVENUE, IT IS AGGRIE VED THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) HAD SET ASIDE THE ORDER PASSED BY THE LD. ASSESSING OFFICER U/S.143(3) OF T HE INCOME TAX ACT, 1961 (IN SHORT THE ACT) R.W.S. 263 OF THE AC T, OBSERVING THAT THE ITA NO.1074/2018 :- 2 -: ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TA X UNDER SECTION 263 OF THE ACT STOOD ANNULLED BY THIS TRIBUNAL. 2. LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT ORDE R PASSED BY THE TRIBUNAL SETTING ASIDE THE DIRECTIONS OF THE LD. CIT U/S.263 OF THE ACT, FOR IMPUGNED ASSESSMENT YEAR H AD NOT BECOME FINAL SINCE REVENUE HAS PREFERRED FURTHER APPEAL B EFORE JURISDICTIONAL HIGH COURT. 3. PER CONTRA, LD. AUTHORISED REPRESENTATIVE STRONGLY SUPPORTED THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (AP PEALS). 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUS ED THE ORDERS OF THE AUTHORITIES BELOW. THE ORDER PASSED BY THE LD. ASSESSING OFFICER WAS PURSUANT TO DIRECTIONS OF LD. CIT U/S.2 63 OF THE ACT. THE DIRECTIONS OF THE LD. COMMISSIONER OF INCOME TAX U /S.263 OF THE ACT WAS CARRIED IN APPEAL BY THE ASSESSEE BEFORE THIS T RIBUNAL. THIS TRIBUNAL VIDE ITS ORDER DATED 22.02.2013 IN ITA NOS .1231 & 1232/MDS/2012 HAD SET ASIDE THE ORDER PASSED BY TH E LD. CIT U/S.263 OF THE ACT. ONCE THE ORDER U/S.263 OF THE ACT WAS SET ASIDE, CONSEQUENTIAL ORDER PASSED BY THE LD. ASSESSING OF FICER WILL HAVE NO LEGS TO STAND. SUB-STRATUM FOR MAKING SUCH AN ORD ER HAD DISAPPEARED. IN THE CIRCUMSTANCES, WE ARE OF THE O PINION THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) WAS JUSTIFIED IN SETTING ASIDE ITA NO.1074/2018 :- 3 -: THE ORDER OF THE LD. ASSESSING OFFICER. WE DO NOT F IND ANY REASON TO INTERFERE WITH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS). 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED ON MONDAY, THE 19TH DAY OF NOV EMBER, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED:19TH NOVEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF