A.C.I.T., Circle-2, Gwalior V. Shri Tilak Raj Jain alias, Gwalior

ITA 164/AGR/2011

• Counselvise Citation: 16420314 RSA 2011
• Duration Of Justice: 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-03-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 13-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V BAPNA
• Section: 153A; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI A. L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 159 TO 164/AGRA/2011 ASST. YEAR : 2001-02 TO 2006-07 A.C.I.T., CIRCLE 2, VS. SH. TILAK RAJ JAIN ALIAS SH. SUNIL JAIN, GWALIOR. 201, SANGAM APTT. GWALIOR. (PAN : ABWPJ 4382 M) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI WASEEM ARSHAD, SR. JR. RESPONDENT BY : SHRI V. BAPNA, C.A. DATE OF HEARING : 21.03.2012 DATE OF PRONOUNCEMENT : 23.03.2012 ORDER PER BENCH : ALL THE APPEALS BY THE REVENUE ARE DIRECTED AGAINS T THE COMMON ORDER OF LD. CIT(A), GWALIOR DATED 03.02.2011 FOR ABOVE ASSESSME NT YEARS, IN WHICH THE LD. CIT(A) PASSED ORDER REGARDING ASSESSMENTS FRAMED U/S. 153A /143(3) READ WITH SECTION 263 OF THE IT ACT. 2. THE LD. CIT(A) NOTED THE BRIEF FACTS OF THE CASE THAT THE ORIGINAL ASSESSMENTS IN THE CASES OF THE ASSESSEE HAVE BEEN COMPLETED ON 30.12. 2008 U/S. 153A OF THE IT ACT IN CONSEQUENCE TO THE SEARCH OPERATION CONDUCTED ON 04 .08.2006, WHEREBY THE RETURNED INCOME HAVE BEEN ACCEPTED BY THE AO. SUBSEQUENTLY, THE ORDER U/S. 263 OF THE IT ACT HAS BEEN PASSED BY THE LD. CIT, GWALIOR. CONSEQUENTLY, REASSESSMENT ORDERS HAVE BEEN ITA NO. 159 TO 164/AGRA/2011 2 PASSED BY THE AO ON 30.12.2009 BY MAKING VARIOUS AD DITIONS AGAINST THE ASSESSEE FOR ALL THE ASSESSMENT YEARS MENTIONED ABOVE, AGAINST WHICH THE ASSESSEE PREFERRED APPEALS BEFORE THE LD. CIT(A), WHICH WERE DISPOSED OF THROU GH THE IMPUGNED COMMON/CONSOLIDATED ORDER. THE LD. CIT(A) NOTED THA T THE ASSESSEE FILED COPY OF THE ORDER OF THE ITAT, AGRA BENCH DATED 23.07.2010 FOR ALL THE ASSESSMENT YEARS UNDER APPEALS, WHEREBY COMMON ORDER PASSED BY THE LD. CIT , GWALIOR U/S. 263 OF THE IT ACT HAS BEEN SET ASIDE BY THE TRIBUNAL AND THE ORIGINAL ORDERS OF THE AO HAVE BEEN RESTORED. THE LD. CIT(A) CONSIDERING THESE FACTS NOTED THAT T HE REASSESSMENT ORDERS PASSED IN CONSEQUENCE TO THE ORDER U/S. 263 OF THE ACT HAVE B ECOME INFRUCTUOUS AND, ACCORDINGLY, FOR STATISTICAL PURPOSES, ALL THE APPEALS OF THE AS SESSEE HAVE BEEN ALLOWED. 3. THE REVENUE PREFERRED THE APPEALS ON THE FOLLOWI NG COMMON GROUNDS : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(APPEAL) HAS ERRED IN : 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(APPEALS) HAS ERRED IN HOLDING THE ASSESSMENT ORDER PASSED U/S. 1 53A/143(3) R/W SECTION 263 OF THE I.T. ACT AS INFRUCTUOUS ? 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(APPEALS) HAS ERRED IN DELETING THE ADDITIONS WITHOUT ADJUDICATIN G THE MERITS OF THE CASE ? 4. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT SINCE THE ORDER U/S. 263 OF THE I.T. ACT HAS BEEN SET ASIDE BY THE TRIBUNAL VIDE ORDER DATED 23.07.2010 AND THE ORDER OF THE TRIBUNAL IS CONFIRMED BY THE HONBLE M .P. HIGH COURT VIDE ORDER DATED ITA NO. 159 TO 164/AGRA/2011 3 07.03.2011 BY DISMISSING THE DEPARTMENTAL APPEALS, NOTHING SURVIVES IN FAVOUR OF THE REVENUE. COPY OF THE TRIBUNAL ORDER AND THE ORDER O F THE HIGH COURT IS PLACED ON RECORD. THE LD. DR CONCEDED THE FACTS. 5. ON CONSIDERATION OF THE ABOVE FACTS, WE DO NOT F IND ANY MERIT IN THE APPEALS OF THE REVENUE. SINCE THE BASIS OF PASSING OF THE ASSESSME NTS U/S. 153A/143(3) READ WITH SECTION 263 WOULD NOT SURVIVE BECAUSE THE ORDERS U/ S. 263 OF THE ACT HAVE BEEN QUASHED BY THE TRIBUNAL AND CONFIRMED BY HONBLE HIGH COURT , THE LD. CIT(A) RIGHTLY ALLOWED THE APPEALS OF THE ASSESSEE FOR STATISTICAL PURPOSES. T HE FOUNDATION OF THE REASSESSMENT ORDERS READ WITH SECTION 263 OF THE IT ACT NO LONGER SURVI VES IN FAVOUR OF THE REVENUE. THEREFORE, ALL THE APPEALS OF THE REVENUE HAVE NO M ERIT AND ARE, ACCORDINGLY DISMISSED. 6. IN THE RESULT, ALL THE DEPARTMENTAL APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY