DCIT, Central Circle - 2(1), Kolkata, Kolkata V. M/s. Sona Vets Pvt. Ltd., Kolkata

ITA 1220/KOL/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9308 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: A K TULSIYAN
• Section: 263

Judgement Text

I.T.A NO.1220/KOL/2018 M/S SONA VETS PVT. LTD. PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOLKATA BEFORE: SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO.1220/KOL/2018 (ASSESSMENT YEAR: 2010-11) DCIT, CENTRAL CIRCLE-2(1), KOLKATA APPELLANT VS M/S SONA VETS PVT. LTD. RESPONDENT [PAN:AAECS0908G] FOR THE APPELLANT : SHRI RADHEY SHYAM, CIT FOR THE RESPONDENT : SHRI A. K. TULSIYAN, FCA DATE OF HEARING : 13.08.2019 DATE OF PRONOUNCEMENT : 04.10.2019 ORDER PER SHRI S.S. VISWANETHRA RAVI, JM: THIS APPEAL BY THE REVENUE AGAINST THE ORDER DATED 02.04.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-20, KOLKATA [CIT(A)] FOR ASSESSMENT YEAR 2010-11. 2. HEARD BOTH PARTIES AND PERSUED THE MATERIAL AVAILABLE ON RECORD. THE ORDER IMPUGNED BEFORE US IS AGAINST THE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3)/153A/263/250 OF THE ACT IN PURSUANCE OF THE DIRECTIONS OF CIT(A) U/S 263 OF THE ACT. THE LD. AR BROUGHT TO OUR NOTICE THE ORDER PASSED BY THE CIT(A) U/S 263 OF THE ACT HAS BEEN QUASHED BY THIS TRIBUNAL VIDE ITS ORDER DATED 17.10.2017 AND PLACED ON RECORD THE SAME AND REFERRED TO PARA NO.6 OF THIS ORDER AND ARGUED THAT WHEN THE DIRECTIONS GIVEN BY THE CIT U/S 263 ARE NO MORE IN EXISTENCE AND THE CONSEQUENTIAL ORDER PASSED THEREON BECOMES NON-EST. IT IS NOTED THAT THE CIT IN THE FIRST APPELLATE PROCEEDINGS TAKING INTO CONSIDERATION THE ORDER PASSED BY I.T.A NO.1220/KOL/2018 M/S SONA VETS PVT. LTD. PAGE | 2 THE ITAT IN ITA NO.947/KOL/2017 DISMISSED THE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER. THEREFORE, IN OUR OPINION, THE ORDER IMPUGNED BEFORE US BECOMES INFRACTUOUS AND NO ORDERS ARE REQUIRED. THEREFORE THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL BECOME INFRACTUOUS AND CONSEQUENTLY THESE ARE DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.10.2019. SD/- SD/- [J. SUDHAKAR REDDY] [S.S. VISWANETHRA RAVI] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 04.10.2019 PLACE : KOLKATA RS, SR.PS COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT DCIT, CENTRAL CIRCLE-2(1), KOLKATA. 2 RESPONDENT M/S SONA VETS PVT. LTD., 17B &C, EVEREST HOUSE, 46C, CHOWRINGHEE ROAD, KOL-71. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA //TRUE COPY// BY ORDER, ASSISTANT REGISTRAR, ITAT, KOLKATA