DCIT RG 12(2), MUMBAI V. ASHOK K. BHAVNANI, MUMBAI

ITA 1694/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9035 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 04-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAVAN KUMAR
• Assessee Lawyers: MRS AARTI VISSANJI
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI R.S.PADVEKAR, JM ITA NO.1694/MUM/2010 : ASST.YEAR 2003-2004 THE DY.COMMISSIONER OF INCOME-TAX CIRCLE 12(2) MUMBAI. VS. SHRI ASHOK K.BHAVNANI FLAT NO.35/36, SHANGNIA OPP. COLABA POST OFFICE, COLABA MUMBAI 400 005. PA NO.AABPB8811H. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHRAVAN KUMAR RESPONDENT BY : MRS.AARTI VISSANJI O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 07.12.2009 IN RELATION TO THE ASSESSMENT YEAR 2003-2004. 2. SHORN OF UNNECESSARY DETAILS IT IS SEEN THAT TH E IMPUGNED ORDER ARISES OUT OF THE ASSESSMENT ORDER DATED 23.12.2008 PASSED BY THE ASSESSING OFFICER U/S.143(3) READ WITH SECTION 263. 3. THE LEARNED A.R. HAS PLACED ON RECORD A COPY OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.3737/MUM/2008 DATED 29.06.2009 S ETTING ASIDE THE ORDER OF THE CIT U/S.263. FURTHER A COPY OF THE JUDGMENT DAT ED 22.02.2010 BY THE HONBLE JURISDICTIONAL HIGH COURT DISMISSING THE DEPARTMENT AL APPEAL AGAINST THE ABOVE REFERRED ORDER OF THE TRIBUNAL ON SECTION 263 HAS A LSO BEEN PLACED ON RECORD. 4. IN VIEW OF THE ABOVE FACTS IT BECOMES A PPARENT THAT THE VERY FOUNDATION OF THE INSTANT PROCEEDINGS, BEING THE REVISING ORDER U/S.263, DOES NOT SURVIVE ANY MORE. IN THAT VIEW OF THE MATTER ALL THE PROCEEDIN GS FLOWING OUT OF SUCH ORDER ARE ITA NO.1694/MUM/2010 SHRI ASHOK K.BHAVNANI. 2 LIABLE TO BE SET ASIDE. IN THE BACKDROP OF SUCH FA CTS, THE PRESENT APPEAL BY THE REVENUE CHALLENGING THE IMPUGNED ORDER ON MERITS, H AS BECOME ACADEMIC. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 7 TH DAY OF JANUARY, 2011. SD/- SD/- (R.S.PADVEKAR) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 7 TH JANUARY, 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - XXIII, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.