ITO, Ward - 3(1), Kolkata , Kolkata V. M/s. Champion Packaging Industries Pvt. Ltd., , Kolkata

ITA 1181/KOL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0660 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PIYUSH MUKHERJEE
• Assessee Lawyers: MANISH TIWARI
• Keywords: Reopening of assessment
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA [BEFORE SHRI J.SUDHAKAR REDDY, AM] I.T.A. NOS. 1180 & 1181/KOL/2017 ASSESSMENT YEARS: 2007-08 & 2008-09 I.T.O. WARD-3(1)KOLKATA...................................APPELLANT AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 17, P-7, CHOWRINGHEE SQUAE, KOLKATA 700069. M/S. CHAMPION PACKAGING INDUSTRIES PVT. LTD..........................RESPONDENT 36A, BENTINCK STREET, KOLKATA 700 069 [PAN: AABCC1743Q] APPEARANCES BY: SHRI PIYUSH MUKHERJEE.J CIT APPEARING ON BEHALF OF THE REVENUE. SHRI MANISH TIWARI, FCA APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : NOVEMBER 16, 2017 DATE OF PRONOUNCING THE ORDER : DECEMBER 20, 2017 ORDER SHRI J. SUDHAKAR REDDY, AM BOTH THESE APPEALS OF REVENUE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A) 16, KOLKATA DATED 29.03.2017 FOR THE A.Y. 2007-08 AND 2008-09 RESPECTIVELY. AS THE ISSUES ARE COMMON, WE HEAR THEM TOGETHER AND DISPOSE OF THE SAME THROUGH THIS COMMON ORDER. 2. AFTER HEARING RIVAL SUBMISSIONS, WE FIND THAT THE REVENUE HAS CHALLENGED THE FINDINGS OF LD. CIT(A) THAT THE REOPENING OF ASSESSMENT IS BAD IN LAW. THE ASSESSMENTS IN THIS CASE WERE REOPENED BASED ON INFORMATION RECEIVED FROM DCIT, CENTRAL 22, BANGALORE. THE LD. CIT(A) HELD THAT THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-III VIDE HIS ORDER 08.12.2015 DROPPED THE PROCEEDINGS AGAINST THE ASSESSEE AND CONSEQUENTLY THE REOPENING WHICH WAS BASED ON SUCH INFORMATION IS BAD IN LAW. 2 I.T.A. NOS. 1180 & 1181/KOL/2017 M/S. CHAMPION PACKAGING INDUSTRIES PVT LTD. 3. WE DID NOT AGREE WITH THESE FINDINGS FOR THE REASONS THAT AT THE TIME OF RECORDING THE REASONS FOR RE-OPENING AND THEREAFTER REOPENING THE ASSESSMENT U/S 147 OF THE ACT THE ORDER OF THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-III DATED 08.12.2015 DROPPING THE PROCEEDING AGAINST THIS ASSESSEE WAS NOT IN THE POSSESSION OF THE ASSESSING OFFICER. HENCE THIS GROUND OF THE REVENUE IS TO BE ALLOWED. 4. IN ANY EVENT ADJUDICATING THIS ISSUE ON THE VALIDITY OF THE RE- OPENING IN FAVOUR OF THE REVENUE DOES NOT HELP THE REVENUE, AS THE REVENUE HAS NOT CHALLENGED THE FINDINGS OF THE LD. CIT(A) ON THE MERITS OF THE CASE. THE LD. CIT(A) HAS DELETED THE ENTIRE ADDITION OF RS. 46,16,800/-, BASED ON THE DETAILS FINDING OF THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-III IN HIS ORDER DATED 08.12.2015 FOR BOTH THE ASSESSMENT YEARS. THIS ORDER HAS BECOME FINAL AS THE REVENUE ACCEPTED THIS FINDING OF THE LD. CIT(A). 5. A COPY OF THIS ORDER IS FILED BEFORE US BY THE ASSESSEE. 6. IN VIEW OF THE ABOVE DISCUSSION BOTH THESE APPEALS OF THE REVENUE ARE DISMISSED. 7. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH DECEMBER, 2017. SD/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER 3 I.T.A. NOS. 1180 & 1181/KOL/2017 M/S. CHAMPION PACKAGING INDUSTRIES PVT LTD. DATED: 20/12/2017 BISWAJIT, SR. P.S. COPY OF ORDER FORWARDED TO: 1. M/S. CHAMPION PACKAGING INDUSTRIES PVT. LTD. 36A, BENTINCK STREET, KOLKATA -69. 2. ITO WARD 3(1), P-7, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 17, P- 7, CHOWRINGHEE SQUARE, KOLKATA 700069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA