ACIT, Patiala V. State Bank of Patiala, Patiala

ITA 1203/CHANDI/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8394 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 22-11-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 143(3); 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 1203/CHD/2016 ASSESSMENT YEAR: 2010-11 THE ACIT, VS THE STATE BANK OF PATIALA, CIRCLE, THE MALL, PATIALA. PATIALA. PAN: AACCS0143D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANJIT SINGH RESPONDENT BY : SHRI C.NARESH DATE OF HEARING : 12.01.2017 DATE OF PRONOUNCEMENT : 12.01.2017 O R D E R PER BHAVNESH SAINI,JM THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) PATIALA DATED 08.09.2 016 FOR ASSESSMENT YEAR 2010-11 CHALLENGING THE DELETIO N OF ADDITION OF RS. 19.70 CR MADE ON ACCOUNT OF APPORTIONMENT OF EXPENSES AGAINST EXEMPTED INCOME. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT ASSESSING OFFICER PASSED THE ORDER DATED 07.11.2014 UNDER SEC TION 2 143(3) READ WITH SECTION 263 OF THE ACT. THE SAME REMAINED IN CHALLENGE BEFORE LD. CIT(APPEALS). THE ASSESSEE SUBMITTED BEFORE LD. CIT(APPEALS) THAT ASSESSING OFFICER PASSED THE ORDER IN COMPLIANCE TO THE DIRECTION OF CIT, PATIALA UNDER SECTION 263 OF THE ACT AND THE ORDER OF THE CIT HAVE BEEN SET ASIDE BY ITA T CHANDIGARH BENCH IN THE CASE OF THE ASSESSEE VIDE O RDER DATED 11.08.2016 IN ITA 448 OF 2014. THE ASSESSEE, THEREFORE, PLEADED THAT ASSESSMENT HAS BECOME INFRUCTUOUS AND APPEAL MAY BE DISPOSED OFF ACCORDIN GLY. THE LD. CIT(APPEALS) REPRODUCED THE ORDER OF THE TRIBUNAL DATED 11.08.2016 WHEREBY ORDER UNDER SECTI ON 263 HAVE BEEN SET ASIDE AND ACCORDINGLY HELD THAT ASSESSMENT UNDER SECTION 143 READ WITH SECTION 263 HAS BECOME INFRUCTUOUS AND ACCORDINGLY SAME WAS TREATED AS DISMISSED FOR STATISTICAL PURPOSES. 3. AFTER CONSIDERING RIVAL SUBMISSIONS, WE DO NOT F IND ANY MERIT IN THE DEPARTMENTAL APPEAL. THE ASSESSING OFFICER MADE THE AFORESAID ADDITION IN THE ORDER UN DER SECTION 143(3) READ WITH SECTION 263 OF THE ACT. ADMITTEDLY, THE ORDER UNDER SECTION 263 HAS BEEN SE T ASIDE BY THE TRIBUNAL THEREFORE, THE ENTIRE PROCEED INGS IN PURSUANCE TO ORDER PASSED UNDER SECTION 263 HAVE BECOME INFRUCTUOUS AND AS SUCH, NO ADDITION COULD BE MADE AGAINST THE ASSESSEE. THE LD. CIT(APP EALS), 3 THEREFORE, RIGHTLY FOLLOWED THE ORDER OF THE TRIBUN AL IN DISPOSING THE APPEAL OF THE ASSESSEE. 4. IN THE RESULT, APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- ( ANNAPURNA GUPTA) (BHAVNESH S AINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH JANUARY, 2017. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT,DR ASSISTANT REGISTRAR, ITAT/CHD