M/s. Shanti Sarup & Sons Pvt. Ltd., Meerut V. ACIT, Meerut

ITA 1718/DEL/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3576 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 12-04-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 26-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: ROHIT AGGARWAL ACA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , DELHI G BENCH , NEW DELHI BEFORE SHRI R.K. PANDA ACCOUNTANT MEMB E R AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 171 8 /DEL /201 5 [ ASSESSMENT YEAR: 20 0 8 - 0 9 ] M/S SHANTI SARUP & SONS PVT. LTD 144, DELHI ROAD MEERUT VS. THE A.C. I.T. CIRCLE - 2 MEERUT (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI ROHIT AGGARWAL, ACA R EVENUE BY: SH RI S.S. RANA , CIT - DR DATE OF HEARING : 1 2 .0 4 .2017 DATE OF PRONOUNCEMENT : 12 .0 4 .2017 ORDER PER R.K. PANDA , ACCOUNTANT MEMBER : - THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 2 6 .0 2 .201 5 OF THE CIT(A), M EERUT RELATING TO A.Y. 200 8 - 0 9. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE VERY OUTSET, SUBMITTED THAT THE A.O HAD PASSED ASSESSMENT ORDER U/S 263/143(3) OF THE INCOME - TAX ACT, 1961 ON 26.02.2014 DETERMINING THE TOTAL INCOME AT RS. 58,31,820/ - AS AGAINST THE RETURNED INCOME OF RS. 18,12,748/ - . 2 ITA NO. 1718 /DEL/201 5 3. THE LD. CIT(A) VIDE ORDER DA TED 26.02.20015 PARTLY ALLOWED THE APPEAL OF THE ASSESSEE. REFERRING TO THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO. 2374/DEL/2013 ORDER DATED 07.04.2016 FOR A.Y 2008 - 09 , HE DREW THE ATTENTION OF THE BENCH TO PARA 16 OF THE ORDER AND SUB MITTED THAT THE TRIBUNAL HAS SET ASIDE THE ORDER PASSED U/S 263 OF THE ACT. THEREFORE, ONCE THE PROCEEDINGS U/S 263 OF THE ACT ARE NOT SUSTAINED AND CANCELLED, SUBSEQUENT ORDERS TO GIVE EFFECT TO THE ORDERS PASSED U/S 263 OF THE ACT ARE NOT MAINTAINABLE A ND BECOME NULL AND VOID. HE ACCORDINGLY SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE BECOMES INFRUCTUOUS. 4. THE LD. DR FAIRLY CONCEDED THAT THE TRIBUNAL HAS SET ASIDE THE ORDER PASSED U/S 263 OF THE ACT BY THE LD. CIT . 5. AFTER HEARING BOTH THE SIDE S, WE FIND THE A.O HAD PASSED ORDER U/S 143(3) OF THE ACT DATED 06.12.2010 ON TOTAL LOSS OF RS. 18,12,748/ - AS AGAINST THE RETURNED LOSS OF RS. 18,47,748/ - . THE LD. CIT, VIDE ORDER PASSED U/S 263 OF THE ACT ON 12.3.2013 REVISED THE ORDER PASSED U/S 143(3) OF THE ACT WITH CERTAIN DIRECTIONS . SUBSEQUENTLY, THE A.O PASSED THE ORDER U/S 263/143(3) OF THE ACT ON 26.4.2014 DETERMINING THE TOTAL INCOME AT RS. 58,31,820/ - . THE LD. CIT (A) GAVE PART RELIEF TO THE ASSESSEE. IN THE MEANTIME, THE ASSESSEE HAD PREFERR ED AN APPEAL AGAINST T HE ORDER PASSED U/S 263 OF THE ACT BEFORE THE TRIBUN A L. WE FIND THE TRIBUN A L , VIDE ITA NO. 2374/DEL/2013 ORDER DATED 07.04.2016 FOR A.Y 2008 - 09 , SET ASIDE THE ORDER PASSED U/S 263 3 ITA NO. 1718 /DEL/201 5 OF THE ACT BY THE LD. CIT. THEREFORE, SINCE THE ORDE R U/S 263 OF THE ACT WAS THE BASIS FOR COMPLETED ASSESSMENT U/S 263/143(3) OF THE ACT WHICH HAS BEEN PARTLY UPHELD BY THE LD. CIT(A) AND SINCE THE TRIBUNAL HAS ALREADY SET ASIDE THE ORDER PASSED U/S 263 OF T HE A C T, THEREFORE, THE ORDER PASSED U/S 143(3)/26 3 OF THE ACT HAS BECOME INFRUCTUOUS AND NULL AND VOID. THEREFORE, THE APPEAL FILED BY THE ASSESSEE ALSO BECOMES INFRUCTUOUS AND HAS TO BE DISMISSED. WE HOLD ACCORDINGLY. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE, BEING INFRUCTUOUS, IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 12 .0 4 .2017. ( BEENA PILLAI ) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMB E R DATED: 12 . 0 4 .2017 V. LAKSHMI COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT (APPEALS) 5) DR: ITAT ASSISTANT REGISTRAR 4 ITA NO. 1718 /DEL/201 5 DATE DRAFT DICTATED ON 1 2 .0 4 .2017 DRAFT PLACED BEFORE AUTHOR 12 .0 4 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 12 .0 4 .2017 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK .04.2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.