ACIT, Cir. 2, Nashik, Nashik V. Ashoka Buildcon Ltd., Nashik

ITA 143/PUN/2010

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1584 (ITAT-PUNE)
• Duration Of Justice: 8 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-11-2018
• Assessment Year: 2003-2004
• Appeal Filed On: 22-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJEEV GHEI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 1 43 /P U N/20 1 0 / ASSESSMENT YEAR : 20 03 - 04 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 2, NASHIK . / APPELLANT VS. ASHOKA BUILDCON LTD., ASHOKA HOUSE, ASHOKA MARG, SURVEY NO.861, WADALA, NASHIK . / RESPONDENT PAN: AABCA9292J / APPELLANT BY : SHRI SANJEEV GHEI / RESPONDENT BY : SHRI NIKHIL PATHAK / DATE OF HEARING : 2 2 . 11 .201 8 / DATE OF PRONOUNCEMENT: 2 2 . 11 .201 8 / ORDER PER SUSHMA CHOWLA, J M : TH E APPEAL FILED BY REVENUE IS AGAINST THE ORDER OF CIT (A) - II , NASHIK , DATED 30 . 1 0.20 09 RELATING TO ASSESSMENT YEAR 20 03 - 04 AGAINST ORDER PASSED UNDER SECTION 143(3) R.W.S. 263 OF THE INCOME - TAX ACT , 1961 (I N SHORT THE ACT) . ITA NO. 143 /P U N/20 1 0 ASHOKA BUILDCON LTD. 2 2. TH E PRESENT APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT(A), WHICH HAD SET ASIDE THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) R.W.S. 263 OF THE ACT. 3. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE TRIBUNAL VIDE ORDER DATED 24.09.2018 IN ITA NO.656/PUN/2008, RELATING TO ASSESSMENT YEAR 2003 - 04 HAS HELD THE ORDER PASSED UNDER SECTION 263 OF THE ACT TO BE BOTH INVALID AND BAD IN LAW AND THE SAME WAS CANCELLED. CONSEQUENT THERETO, THE ASSESSMENT OR DER PASSED UNDER SECTION 143(3) R.W.S. 263 OF THE ACT DO NOT SURVIVE AND HENCE THE APPEAL OF REVENUE NEEDS TO BE DISMISSED. 4. WE FIND MERIT IN THE PLEA OF ASSESSEE SINCE THE BASIS FOR PASSING ASSESSMENT ORDER UNDER SECTION 143(3) R.W.S. 263 OF THE ACT, WAS THE ORDER PASSED UNDER SECTION 263 OF THE ACT. THE TRIBUNAL VIDE ITS ORDER DATED 24.09.2018 (SUPRA) HAS HELD THE SAID ORDER TO BE INVALID AND BAD IN LAW AND CONSEQUENT THERETO, THE PRESENT APPEAL FILED BY REVENUE DOES NOT STAND AND THE SAME IS DISMISSED. 5 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 2 ND DAY OF NOVEM BER , 201 8 . SD/ - SD/ - ( ANIL CHATURVEDI ) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 22 ND NOVEM BER , 201 8 . G G C C V V S S R R ITA NO. 143 /P U N/20 1 0 ASHOKA BUILDCON LTD. 3 / COPY OF THE ORDER IS FORW ARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - II , NASHIK ; 4. THE CIT - I, NASHIK ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE