DCIT CIR 6(2)(1), MUMBAI V. COASTAL GUJARAT POWER LTD, MUMBAI

ITA 1417/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9755 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H N SINGH
• Assessee Lawyers: MILIN THAKORE
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AG G ARWAL, HON'BLE ACCOUNTANT MEMBER ITA NO . 1417 /MUM/201 6 (A.Y: 2009 - 10 ) D.C.I.T CIRCLE 6(2)(1) ROOM NO. 563, 5 TH FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 V . M/S. COASTAL GUJARAT POWER LTD., C/O. TATA POWER CO. LTD 34 SANT TUKARAM ROAD, CARNAC BUNDER MUMBAI 400 009 P AN: AADCC 1347 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MILIN THAKORE DEPARTMENT BY : SHRI H.N. SINGH DATE OF HEARING : 10 .01.2018 DATE OF PRONOUNCEMENT : 21 .03 .2018 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE REVENUE AGAINST T HE ORDER OF LD.CIT(A) - 12 MUMBAI DATED 21.12.2015 FOR THE ASSESSMENT YEAR 2009 - 10 ARISING OUT OF THE ORDER PASSED U/S . 143(3) R.W.S. 263 OF THE ACT. 2. AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER PASSED U/S. 263 BY THE LD. COMMISSIONER OF INCOME TAX - 6 HAS BEEN ALLOWED AND THE ORDER OF 2 ITA NO.1417/MUM/2016 (A.Y: 2009 - 10 ) M/S. COASTAL GUJARAT POWER LTD., REVISION HAS BEEN SET ASIDE BY THE TRIBUNAL IN ITA.NO. 1410/MUM/2015 DATED 06.11.2015. HE FURTHER SUBMITTED THAT LD.CIT(A) ALLOWED THE APPEAL OF THE ASSESSEE TAKING NO T E OF THE ORDER PASSED BY THE TRIBUNAL . THEREFORE, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN VIEW OF THE ORDER OF THE TRIBUNAL SETTING ASIDE THE ORDER PASSED U/S. 263 OF THE ACT THE APPEAL FILED BY T HE REVENUE ARISING OUT OF THE CONSEQUENTIAL ORDER PASSED GIVING EFFECT TO C OMMISSIONER OF INCOME TAX ORDER BECOMES INFRUCTUOUS. 3. ON HEARING RIVAL CONTENTIONS AND PERU SING THE ORDER OF THE LD.CIT(A), WE FIND THAT THE TRIBUNAL BY ORDER IN ITA.NO. 1410/MUM/2015 DATED 0 6.11.2015 HAS SET ASIDE THE REVISION ORDER P ASSED U/S. 263 BY THE LD.CIT 6 . THEREFORE, SINCE THE REVISION ORDER ITSELF WAS SET - ASIDE BY THE TRIBUNAL THE CONSEQUENTIAL ASSESSMENT ORDER PASSED U/S. 143(3) R.W.S. 263 WILL NOT SURVIVE AND CONSEQUENTLY THE PRE SENT APPEAL OF T HE REVENUE BECOMES INFRUCTUOUS. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED AS INFRUCTUOUS . ORDER PRON OUNCED IN THE OPEN COURT ON THE 21 ST MARCH , 2018 . SD/ - SD/ - ( MANOJ KUMAR AG G ARWAL ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 21 / 0 3 / 2018 GIRIDHAR , SPS 3 ITA NO.1417/MUM/2016 (A.Y: 2009 - 10 ) M/S. COASTAL GUJARAT POWER LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM