ACIT, Ludhiana V. Sh. Amrik Singh, Ludhiana

ITA 1290/CHANDI/2010

• Counselvise Citation: 129021514 RSA 2010
• Duration Of Justice: 1 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-09-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 12-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Assessee Lawyers: RAJIV SHARMA
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH A, CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER ITA NO.1290/CHD/2010 (ASSESSMENT YEAR : 2004-05) THE A.C.I.T., VS. SH.AMRIK SINGH, CIRCLE 1, PROP.M/S NEXO PRODUCTS(INDIA), LUDHIANA. E-92,FOCAL POINT, LUDHIANA. PAN: AFRPS2729E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANJEET SINGH, DR RESPONDENT BY : SHRI RAJIV SHARMA DATE OF HEARING : 26.09.2012 DATE OF PRONOUNCEMENT : 28.09.2012 O R D E R PER SUSHMA CHOWLA, J.M, : THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, LUDHIANA DA TED 19.08.2010 RELATING TO ASSESSMENT YEAR 2004-05 AGAINST THE ORD ER PASSED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHOR T THE ACT). 2. THE PRESENT APPEAL IS FILED BY THE REVENUE AGAIN ST THE ORDER OF THE ASSESSING OFFICER PASSED UNDER SECTION 143(3) OF TH E ACT PURSUANT TO THE ORDER PASSED UNDER SECTION 263 OF THE ACT. THE REV ENUE HAS RAISED VARIOUS GROUNDS OF APPEAL. 3. THE LEARNED A.R. FOR THE ASSESSEE POINTED OUT TH AT THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX UNDER SECTION 263 OF THE ACT HAS BEEN CANCELLED BY THE TRIBUNAL IN ITA NO. 535/CHD/2 009 VIDE ORDER DATED 29.1.2010 AND CONSEQUENTLY THE PRESENT APPEAL IS TO BE ALLOWED. 4. THE LEARNED D.R. FOR THE REVENUE FAIRLY CONCEDED THAT THE TRIBUNAL HAS CANCELLED THE ORDER PASSED UNDER SECTION 263 OF THE ACT. 2 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE PRESENT APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT (APPEALS). THE ASSESSMENT IN THE CASE WAS COMPLETE D UNDER SECTION 143(3) OF THE ACT FOLLOWING THE DIRECTIONS OF COMMI SSIONER OF INCOME TAX IN THE ORDER PASSED UNDER SECTION 263 OF THE AC T. THE TRIBUNAL IN ITA NO. 535/CHD/2009 VIDE ORDER DATED 29.1.2010 HAV E HELD THAT INVOKING OF JURISDICTION BY THE COMMISSIONER OF INC OME TAX UNDER SECTION 263 OF THE ACT IS UNWARRANTED AND THE SAME WAS CANCELLED. IN VIEW THEREOF, THE PRESENT APPEAL FILED BY THE REVEN UE DOES NOT STAND AS THE CIT (APPEALS) HAS CANCELLED THE ASSESSMENT ORDE R IN THE PRESENT CASE IN VIEW OF THE ORDER OF THE TRIBUNAL (SUPRA). UPHO LDING THE ORDER OF THE CIT (APPEALS) WE DISMISS GROUNDS OF APPEAL RAISED B Y THE REVENUE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH DAY OF SEPTEMBER, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28 TH SEPTEMBER, 2012 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH 3