The ITO, Ward-1(2), Ahmedabad V. Ankush Holdings Limited, Ahmedabad

ITA 1931/AHD/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6889 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-12-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 03-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: P D SHAH
• Section: 143(3); 263; 10

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD 0 0 , , BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ ITA NO . 1931 / AHD/ 201 1 [ [ / ASSESSMENT YEAR : 200 5 - 06 THE ITO, WARD - 1(2), AHMEDABAD VS ANKUSH HOLDINGS LTD, B - 12, SULABH FLATS, OPP. MIRAMBIKA SCHOOL ROAD, NARANPURA, AHMEDABAD PAN : AADCA 7765 Q / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI M.K. SINGH, SR. DR. ASSESSEE(S) BY : SHRI P.D. SHAH, AR / DATE OF HEARING : 18 /1 2 /2014 / DATE OF PRONOUNCEMENT: 23 /1 2 /2014 / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - VI, AHMEDABAD DATED 06.06.2011 FOR ASSESSMENT YEAR 2005 - 06 . 2. THE SOLE GROUND OF APPEAL TAKEN BY THE REVENUE READS AS UNDER: - THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITIONS ON ACCOUNT OF DISALLOWANCE OF MATERIAL EXPENSE S OF RS.3,40,00,000/ - AND CONSULTANCY FEES OF RS.60,00,000/ - ON THE GROUND THAT THE ORDER U/S 263 OF THE CIT - I, AHMEDABAD, ON THE BASIS OF WHICH THE ADDITIONS WERE MADE , HAS BEEN SET ASIDE BY THE ITA NO. 1931 /AHD/2011 ITO VS. ANKUSH HOLDINGS LTD FOR AY 200 5 - 0 6 2 ITAT, SINCE THE SAID ORDER OF THE ITAT HAS BEEN DISPUTED BEFORE THE HONBLE HIGH COURT. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING O FFICER FRAMED ASSESSMENT U/S 143(3) R.W.S. 263 OF THE INCOME - TAX ACT, 1961 ON 28.12.2010 IN THE SET ASIDE PROCEEDINGS WHEN THE CIT - I, AHMEDABAD VIDE HIS ORDER NO.CIT/ABD - 1/263/201(13)/2009 - 10 U/S 263 DATED 18.03.2010 HAD SET ASIDE THE ASSESSMENT ORDER DATE D 20.12.2007 PASSED U/S 143(3) OF THE ACT WITH CERTAIN DIRECTIONS. 4. BEING AGGRIEVED , THE ASSESSEE FILED APPEAL AGAINST THE ORDER OF THE ASSESSING OFFICER BEFORE THE CIT(A) . THE CIT(A) ALLOWED THE APPEAL OF THE ASSESSEE ON THE GROUND THAT THE TRIBUNAL , IN THE APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) PASSED U/S 263, HAD SET ASIDE THE ORDER PASSED OF THE CIT - I, AHMEDABAD PASSED U/S 263 OF THE ACT AND HAD RESTORED THE ORDER OF THE ASSESSING OFFICER DATED 20.12.2007 PASSED U/S 143(3) OF THE ACT. 5. BEING AGGRIEVED BY THE ORDER OF THE CIT(A), THE REVENUE HAS FILED THE PRESENT APPEAL BEFORE US. 6. THE DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE APPEAL HAS BEEN FILED BY THE REVENUE TO KEEP THE ISSUE ALIVE AS THE DEPARTMENT HAS FILED A PPEAL AGAINST THE ORDER OF THE TRIBUNAL SETTING ASIDE THE ORDER OF THE CIT - I PASSED U/S 263 OF THE ACT. 7 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND MATERIAL AVAILABLE ON RECORD. IN THE INSTANT CASE, IT IS NOT IN DISPUTE THAT THE ORDER OF THE CIT - I, AHMEDABAD PASSED U/S 263 OF THE ACT ON 18.03.2010 WAS SET ASIDE BY THE TRIBUNAL AND TH E ITA NO. 1931 /AHD/2011 ITO VS. ANKUSH HOLDINGS LTD FOR AY 200 5 - 0 6 3 IMPUGNED ORDER OF THE ASSESSING OFFICER WAS PASSED IN PURSUANCE TO SUCH ORDER U/S 263 OF THE ACT. NO MATERIAL COULD BE BROUGHT BEFORE US TO SHOW THAT THE ORDER OF THE TRIBUNAL SETTING ASIDE THE ORDER OF THE CIT - I, AHMEDABAD PASSED U/S 263 HAS BEEN VARIED BY ANY HIGHER AUTHORITY . IN ABSENCE OF SUCH MATERIAL, AS THE VERY BASIS OF ORDER OF THE ASSESSING OFFICER HAS BECOME NON - EXISTEN T, THE CIT(A) WAS FULLY JUSTIFIED IN SETTING ASIDE THE ORDER OF THE ASSESSING OFFICER. THEREFORE, THE APPEAL OF THE REVENUE IS DISMISSED. 8 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE CO URT ON TUESDAY , THE 23 RD OF DECEMBER , 2014 AT AHMEDABAD. SD/ - SD/ - (KUL BHARAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 23 /1 2 /2014 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - VI, AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. [ / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD