Media Tradelinks Pvt. Ltd., Ahmedabad V. The Income Tax Officer, Ward-4(4), Ahmedabad

ITA 1081/AHD/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 8220 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 26-07-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 28-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Reassessment proceedings
• Section: 143(3); 147; 263

Judgement Text

ITA NO.1081/AHD/2016 A.Y. 2006-07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.1081/AHD/2016 ASSESSMENT YEAR: 2006-07 MEDIA TRADELINKS PVT. LTD., VS. INCOME TAX OFFICE R, H/2, NIRMIT APARTMENTS, WARD 4(4), AHMEDABAD. JETHABHAI PARK, PALDI, AHMEDABAD 380 006. [PAN AADCM 1676 N] (APPELLANT) (RESPONDENT) APPELLANT BY : MS. IRA KAPOOR, A.R. RESPONDENT BY : SHRI MUDIT NAGPAL, SR. D.R. DATE OF HEARING : 27.09.2018 DATE OF PRONOUNCEMENT : 28.09.2018 O R D E R PER MADHUMITA ROY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 28.03.2016 PASSED BY THE LEARNED PR. CIT-2, AHMEDAB AD UNDER SECTION 263 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2006- 07. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- (1) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ORDER PASSED BY THE PR. CIT U/S. 263 OF THE I.T. ACT IS B AD IN LAW AND AB INITIO VOID. (2) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE ASSUMPTION OF JURISDICTION BY THE LEARNED PR. CIT U/S. 263 OF THE I.T. ACT IS BAD IN LAW AND AB INITIO VOID FOR THE REASON THAT THE S AME ISSUE ON THE BASIS OF WHICH SHOW CAUSE NOTICE U/S. 263 WAS ISSUE D BY THE PR. CIT HAS BEEN FULLY VERIFIED, EXAMINED AND CONSIDERE D BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER PASSED U/ S. 143(3) READ WITH SECTION 147 OF THE I.T. ACT. (3) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LD. PR. CIT ERRED IN DIRECTING THE ASSESSING OFFICER TO REFRAME THE ASSESSMENT AFTER CONDUCTING NECESSARY INQUIRY ON THE RELEVANT ISSUE WHEREAS ON THE SAME ISSUE FULL INQUIRIES WERE MADE DURING T HE COURSE OF ITA NO.1081/AHD/2016 A.Y. 2006-07 PAGE 2 OF 2 THE REASSESSMENT PROCEEDINGS AND THE ASSESSMENT WAS FRAMED AFTER TAKING INTO ACCOUNT THE CORRECT FACTUAL AND L EGAL POSITION. 3. DURING THE COURSE OF HEARING, LD. COUNSEL FOR TH E ASSESSEE HAS MADE A REQUEST SEEKING PERMISSION TO WITHDRAW THE PRESENT APPEAL, AS THE RELATED APPEAL FILED BY THE REVENUE HAS BEEN DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NO OBJEC TION FOR WITHDRAWAL OF THE ASSESSEES APPEAL. 5. THEREFORE, IN VIEW OF THIS FACT, WE ALLOW THE WI THDRAWAL OF THE APPEAL FILED THE ASSESSEE AND ACCORDINGLY APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF SEPTEMBER, 2018. SD/- SD/- WASEEM AHMED MS. MADHUMITA ROY (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, THE 28 TH DAY OF SEPTEMBER, 2018 BIJU T/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER UE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD