DCIT, Circle-8, Pune V. M/s. G.K. Developers, Pune

ITA 1601/PUN/2013

• Counselvise Citation: 160124514 RSA 2013
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 23-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P S NAIK
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO.1601/PN/2013 (ASSESSMENT YEAR : 2005-06) DY. COMMISSIONER OF INCOME TAX, CIRCLE- 8, PUNE. . APPELLANT VS. M/S G. K. DEVELOPERS, B. BLOCK, 21/1, PIMPRI, PUNE 411 017. PAN : AAFFG5688P . RESPONDENT DEPARTMENT BY : MR. P. S. NAIK ASSESSEE BY : MR. SUNIL GANOO DATE OF HEARING : 20-08-2014 DATE OF PRONOUNCEMENT : 26-08-2014 ORDER PER G. S. PANNU, AM THE CAPTIONED APPEAL BY THE REVENUE IS DIRECTED AGA INST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-V, PUNE DA TED 28.05.2013 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 30.10.2012 PASSED BY THE ASSESSING OFFICER U/S 143(3) R.W.S. 263 OF THE INCOME-TAX ACT , 1961 (IN SHORT THE ACT) PERTAINING TO THE ASSESSMENT YEAR 2005-06. 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLO WING GROUNDS OF APPEAL :- 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE AND IN LAW, THE CIT(A) WAS JUSTIFIED IN ANNULLING T HE ASSESSMENT ORDER PASSED U/S. 143(3) R.W.S. 263 OF THE IT. ACT, WIT HOUT CONSIDERING THE ISSUES INVOLVED AND IGNORING THE MERITS OF THE CASE ? 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CA SE AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WA S JUSTIFIED IN ANNULLING THE ASSESSMENT ORDER PASSED U/S. 143(3) R.W.S. 263 OF THE ACT ON THE BASIS OF THE SUBMISSION MADE BY THE ASSESSEE THAT THE ORD ER PASSED BY CIT-V, PUNE U/S. 263 OF THE IT. ACT HAS BEEN SET ASIDE BY THE HON'BLE ITAT, ITA NO.1601/PN/2013 A.Y. : 2005-06 WITHOUT VERIFYING THAT THE DEPARTMENT HAS ALREADY G ONE IN FURTHER APPEAL AGAINST THE ORDER OF THE HON'BLE ITAT AND THE MATTE R IS PENDING BEFORE THE HON'BLE HIGH COURT? 3. IN THIS CASE, THE IMPUGNED ASSESSMENT U/S 143(3) R.W.S. 263 OF THE ACT DATED 30.10.2012 WAS FINALIZED BY THE ASSESSING OFF ICER BY DETERMINING THE TOTAL INCOME AT RS.1,90,63,940/- AS AGAINST INCOME ASSESSED ORIGINALLY AT NIL IN ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT DA TED 12.06.2007. THE IMPUGNED ASSESSMENT WAS FRAMED BY THE ASSESSING OFF ICER AS A CONSEQUENCE OF THE COMMISSIONER OF INCOME TAX-V, PU NE HAVING PASSED AN ORDER U/S 263(1) OF THE ACT DATED 12.12.2008 WHEREB Y THE ORIGINAL ASSESSMENT ORDER DATED 12.06.2007 (SUPRA) WAS SET-ASIDE WITH D IRECTIONS TO FRAME A DE NOVO ASSESSMENT. THE ADDITIONS MADE IN THE IMPUGNED AS SESSMENT, AS A CONSEQUENCE OF THE DIRECTIONS OF THE COMMISSIONER O F INCOME TAX-V, PUNE VIDE HIS ORDER U/S 263(1) OF THE ACT DATED 12.12.20 08, WERE CARRIED IN APPEAL BEFORE THE CIT(A). THE CIT(A) BY WAY OF IMPUGNED O RDER ANNULLED THE ASSESSMENT ORDER DATED 30.10.2012 PASSED BY THE ASS ESSING OFFICER U/S 143(3) R.W.S. 263 OF THE ACT ON THE GROUND THAT THE ORDER OF THE COMMISSIONER OF INCOME TAX-V, PUNE DATED 12.12.2008 (SUPRA) HAS SINCE BEEN SET-ASIDE BY THE TRIBUNAL VIDE ITA NO.834/PN/2012 DATED 30.01.20 13. IN THIS BACKGROUND, REVENUE IS IN APPEAL BEFORE US. 4. AT THE TIME OF HEARING, IT WAS A COMMON POINT BE TWEEN THE PARTIES THAT THE ORDER OF THE TRIBUNAL DATED 30.01.2013 (SUPRA) SETTING-ASIDE THE ORDER OF THE COMMISSIONER OF INCOME TAX-V, PUNE DATED 12.12. 2008 (SUPRA) CONTINUES TO HOLD THE FIELD AS IT HAS NOT BEEN ALTERED BY ANY HIGHER AUTHORITY. AS A CONSEQUENCE, THERE IS NO ERROR IN THE IMPUGNED ORDE R OF THE CIT(A) WHEREIN, FOLLOWING THE ORDER OF THE TRIBUNAL DATED 30.01.201 3 (SUPRA), THE IMPUGNED ASSESSMENT ORDER DATED 30.10.2013 HAS BEEN ANNULLED . ITA NO.1601/PN/2013 A.Y. : 2005-06 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH AUGUST, 2014. SD/- SD/- (SHAILENDRA KUMAR YADAV) (G . S. PANNU) JUDICIAL MEMBER ACCOUNT ANT MEMBER PUNE, DATED : 26 TH AUGUST, 2014. SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-V, PUNE; 4) THE CIT-V, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE