Smt. Madhu Rakesh Mardia, Ahmedabad V. ITO, Ward-5(2)(1), Ahmedabad

ITA 1861/AHD/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7303 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 30-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P D SHAH
• Keywords: Set aside; Capital Gains
• Section: 143(3)

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 1861/AHD/2018 ( ASSESSMENT YEAR : 2012-13) SMT. MADHU RAKESH MARDIA MEHTA LODHA & CO. CHARTERED ACCOUNTANTS, 105, SAKAR-I, NEAR GANDHIGRAM RAILWAY STATION, OFF ASHRAM ROAD, AHMEDABAD - 380009 / VS. THE INCOME TAX OFFICER WARD 5(2)(1), NARAYAN CHAMBERS, ASHRAM ROAD, AHMEDABAD - 380009 ./ ./ PAN/GIR NO. : ADKPM6877E ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI P. D. SHAH, A.R. / RESPONDENT BY : SHRI VIDHYUT TRIVEDI, SR. D.R. DATE OF HEARING 01/09/2020 !'# / DATE OF PRONOUNCEMENT 02/09/2020 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-5, AHMEDABAD (CIT(A) IN SHORT), DATED 0 8.06.2018 ITA NO. 1861/AHD/18 [SMT. MADHU RAKESH MARDIA VS. ITO] A.Y. 2012-13 - 2 - ARISING IN THE ASSESSMENT ORDER DATED 22.11.2017 PA SSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) R.W.S. 263 O F THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2012-13. 2. THE SUBSTANTIVE GROUND OF APPEAL RAISED BY ASSES SEE READS AS UNDER : 1. THAT THE LEARNED CIT(A) HAS ERRED IN LAWS AND F ACTS BY CONFIRMING DISALLOWANCE OF RS.1,23,750/- WHILE COMP UTING CAPITAL GAINS AND THEREFORE THE LD.AO SHOULD BE DIR ECTED TO ALLOW THE SAID EXPENSES WHILE COMPUTING THE TOTAL I NCOME. 3. WHEN THE MATTER WAS CALLED FOR HEARING, THE LEA RNED AR FOR THE ASSESSEE POINTED OUT THAT THE IMPUGNED APPEAL ARISE S FROM THE ASSESSMENT ORDER PASSED BY THE AO UNDER S.143(3) OF THE ACT IN TERMS OF REVISIONAL ORDER PASSED BY THE PR.CIT UNDE R S.263 OF THE ACT. IT WAS NEXT SUBMITTED THAT THE REVISIONAL ORD ER WHICH IS THE BASIS FOR THE ASSESSMENT HAS BEEN SET ASIDE AND QUA SHED BY THE TRIBUNAL IN ITA NO. 1029/AHD/2017 ORDER DATED 17.07 .2019. IT WAS CONSEQUENTLY SUBMITTED THAT AS THE VERY BASIS F OR THE FRAMING OF THE ASSESSMENT ORDER APPEALED AGAINST DOES NOT S URVIVE OWING TO THE ORDER OF THE TRIBUNAL. THE ENTIRE PROCEEDING S FROM THE DEPARTMENT HAVE THUS BECOME A NULLITY. IT WAS THUS URGED THAT THE ASSESSMENT ORDER AND THE CIT(A)S ORDER IN QUESTION ARE REQUIRES TO BE QUASHED. 4. THE LEARNED DR RELIED UPON THE CASE RECORDS. 5. IN THE LIGHT OF THE SUBMISSIONS MADE ON BEHALF O F THE ASSESSEE AS PER PARA NO.3, NO ELABORATION IS REQUIR ED. THE ASSESSMENT ORDER ARISING OUT OF THE REVISIONS ORDER UNDER S.263 OF ITA NO. 1861/AHD/18 [SMT. MADHU RAKESH MARDIA VS. ITO] A.Y. 2012-13 - 3 - THE ACT THUS STANDS QUASHED HAVING REGARD TO THE RE VISIONAL ORDER ITSELF HAVING BEEN QUASHED. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 02/09/2020 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED ON 02/09/2020