DCIT CIR 3(2)(1), MUMBAI V. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD, MUMBAI

ITA 1085/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0696 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 23-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M DAYASAGAR
• Keywords: Set aside
• Section: 143(3); 263

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE HONBLE SHRI SANDEEP GOSAIN, JM & HONBLE SHRI G. MANJUNATHA, AM ./ I.T.A. NO . 1085 / MUM/201 8 ( / ASSESSMENT YEAR: 2011 - 12 ) IN THE MATTER OF; DCIT CIR 3(2)(1) R. NO. 608, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 . / VS. MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD , 12 TH FLOOR, WORLD TRADE CENTRE, TOWER NO. 1, CUFFE PARDE, MUMBAI - 400 0 05 ./ ./ PAN/GIR NO. AADCM9623M ./ I.T.A. NO. 1067 /MUM/2018 ( / ASSESSMENT YEAR: 2011 - 12 ) MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD. , 12 TH FLOOR, WORLD TRADE CENTRE, TOWER NO.1, CUFFE PARDE, MUMBAI - 400 005 / VS. ACIT CIR 3(2)(1) R. NO. 608, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020. ./ ./ PAN/GIR NO. AADCM9623M / APPELLANT BY : SH. M. DAYA SAGAR, DR / RESPONDENTBY : SH. SUMIT LALCHANDANI, AR / DATE OF HEARING : 01 /05 /201 9 / DATE OF PRONOUNCEMENT : 21.05.2019 2 ITA NO, 1067 & 1085/MUM/2018 MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD., / O R D E R PER SHRI SANDEEP GOSAIN, JUDICIAL MEMBER : THE PRESENT TWO A PPE AL S FILED BY THE REVENUE AND ASSESSEE ARE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 8 , MUMBAI DATED 26.12.17 FOR AY 20 11 - 12 RESPECTIVELY . 2. SINCE THE ISSUES INVOLVED IN THESE TWO APPEALS ARE COMMON, THEREFORE, THEY HAVE BEEN CLUBBED , HEARD TOGETHER AND A CONSOLIDATED ORDER IS BEING PASSED FOR THE SAKE OF CONVENIENCE AND BREVITY. ITA NO. 1067/MUM/2018 (AY 20 11 - 12 ) 3. FIRST OF ALL WE TAKE UP A SSESSEES APPEAL IN ITA NO. 1067 /M UM/2018 FOR ASSESSMENT YEAR 2011 - 12 AS LEAD CASE . 4 . AT THE VERY OUTSET, LD. AR PLACED ON RECORD THE COPY OF THE ORDER OF COORDINATE BENCH OF ITAT IN ITA NO. 3741/MUM/16 FOR AY 2011 - 12 , WHEREIN HONBLE IT AT HAD ALREADY SET ASIDE THE ORDER PASSED BY LD. CIT U/S 263 OF THE ACT VIDE ORD ER DATED 18.07.18 AND SUBMITTED THAT ORDER U/S 263 WAS PASSED BY CIT AND 3 ITA NO, 1067 & 1085/MUM/2018 MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD., CONSEQUENTLY ORDER PASSED BY AO U/S 143(3) OF THE ACT WERE PASSED PASSED BY AO AUTOMATICALLY STANDS QUA SHED. 5 . ON THE OTHER HAND, LD. DR RELIED UPON THE ORDERS PASSED BY THE REVENUE AUTHORITIES. 6. WE HAVE HEARD THE COUNSELS FOR BOTH THE PARTIES AT LENGTH AND ALSO ON PERUSAL OF THE DOCUMENTS AS WELL AS THE ORDERS PASSED BY LOWER AUTHORITIES , WE FIND THAT COORDINATE BENCH OF ITAT IN ITA NO. 3741/MUM/16 FOR AY 2011 - 12 HAD ALREADY SET ASIDE THE ORDER PASSED BY LD. CIT U/S 263 OF THE ACT VIDE ORDER DATED 18.07.18, THEREFORE THE ORDER U/S 263 OF THE ACT PASSED BY CIT AND CONSEQUENTLY ORDER PASSED BY A O U/S 143(3) OF THE ACT AUTOMATICALLY STANDS QUASHED. 7 . CONSEQUENTLY , THE APPEAL FILED BY THE ASSESSSEE STANDS ALLOWED . I.T.A. NO . 1085 /MUM/201 8 (AY 2011 - 12 ) 8 . NOW WE TAKE UP REVENUE S APPEAL IN I.T.A. NO .1085 /MUM/201 8 . SINCE WE HAVE DECIDED THE APPEAL FILED 4 ITA NO, 1067 & 1085/MUM/2018 MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD., BY THE ASSESSEE IN ITA NO. 1067/MUM/2018 FOR AY 2011 - 12 ON MERITS. THEREFORE , FOLLOWING OUR OWN DECISION IN ITA NO. 1067/MUM/18 , WE APPLY THE SAME FINDINGS IN THE PRESENT APPEAL IN ORDER TO MAINTAIN JUDICIAL CONSISTEN CY WHICH IS APPLICABLE MUTATIS MUT ANDIS. 9 . IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS AL LOWED AND APPEAL FILED BY THE REVENUE STANDS DISMISSED WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST MAY 2019. SD/ - SD/ - (G. MANJUNATHA ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 21 . 05 .201 9 SR.PS . DHANANJAY 5 ITA NO, 1067 & 1085/MUM/2018 MAHARASHTRA AIRPORT DEVELOPMENT CO. LTD., / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI