SAHANA CONSTRUCTIONS PRIVATE LIMITED , MUMBAI V. ASSESSMENT UNIT INCOME TAX DEPARTMENT , MUMBAI

ITA 1959/MUM/2023

AI Insights

Sahana Constructions Pvt. Ltd. filed an appeal against the assessment order passed by the Assessing Officer, which included disallowances and re-assessments related to strategic investments and interest expenses. The appeal was incorrectly filed with the ITAT instead of the appropriate Commissioner of Income-tax (Appeals). Upon realizing the mistake, the assessee withdrew the appeal, leading to its un-admission by the ITAT.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123618 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-09-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 25-05-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Difference of opinion; Change of opinion
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) ITA No. 1959/MUM/2023 Assessment Year: 2017-18 Sahana Constructions Pvt. Ltd., 402, 54-B, Sagar Avenue, Junction of Lallubhai Park and S.V. Road, Andheri (W), Mumbai-400058. Vs. Assessment Unit, Income Tax Department, Ministry of Finance, Income Tax Department, Delhi. PAN No. AAKCS 2550 A Appellant Respondent Assessee by : Mr. Amit Bothra Revenue by : Mr. Dr. Kishor Dhule, CIT-DR Date of Hearing : 07/09/2023 Date of pronouncement : 08/09/2023 ORDER PER OM PRAKASH KANT, AM This appeal has been preferred by the assessee raising following grounds: 1. THAT the learned Assessing Officer has erred in law as well as under the circumstances of the case in wrongly considering the strategic investments made by your appellant in subsidiary companies that have same business activities in which your appellant principally dealt in accordance to its Memorandum of Association as Investments not in the nature of Business activities. 2. 2. THAT the Assessing Officer has erred in law as well as under the circumstances of the case in disallowing the interest expenses of Rs.6,35,95,000/- under section 36(1)(iii) which is against the facts of the case. 3. 3. THAT the Assessing Officer has erred in making a fresh assessment without any fresh material and only based on a change of opinion. 4. 4. THAT your appellant craves to modify, delete or make additional 2. At the outset, the Ld. Counsel of the assessee submitted that this appeal has been filed mistakenly with the ITAT instead of Commissioner of Income seeks to withdraw the same. 3. We find that in the grounds raised, the assessee challenged addition made by the Assessing Officer. Further in Form No. 36 also we note that date of the order mentioned is the assessment order however section has been mistakenly mentioned as section 263. Actually, the order challenged is the consequ assessment order passed by the Assessing Officer to the order u/s 263 passed by the Ld. Pr. Commissioner of Income provisions of the Act , t 143(3) read with section 263 of the Act Ld. CIT(A) and not before the ITAT and therefore, this appeal is not maintainable. As the assessee has withdrawn the appeal therefore same is treated as un Order pronounced in the open Court on Sd/ (PAVAN KUMAR GAD JUDICIAL MEMBER Mumbai; Dated: 08/09/2023 Rahul Sharma, Sr. P.S. 3. THAT the Assessing Officer has erred in making a fresh assessment without any fresh material and only based on a change of opinion. 4. THAT your appellant craves to modify, delete or make additional grounds of appeal at the time of hearing of appeal. At the outset, the Ld. Counsel of the assessee submitted that this appeal has been filed mistakenly with the ITAT instead of Commissioner of Income-tax (Appeals) and therefore, the assessee thdraw the same. We find that in the grounds raised, the assessee challenged addition made by the Assessing Officer. Further in Form No. 36 also we note that date of the order mentioned is the assessment order however section has been mistakenly mentioned as section 263. Actually, the order challenged is the consequ assessment order passed by the Assessing Officer to the order u/s 263 passed by the Ld. Pr. Commissioner of Income provisions of the Act , the order passed by the Assessing Officer 143(3) read with section 263 of the Act can be challenged before the Ld. CIT(A) and not before the ITAT and therefore, this appeal is not maintainable. As the assessee has withdrawn the appeal therefore un-admitted. nounced in the open Court on 08/09/2023. Sd/- PAVAN KUMAR GADALE) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Sahana Construction Pvt. Ltd. 2 ITA No. 1959/Mum/2023 3. THAT the Assessing Officer has erred in making a fresh assessment without any fresh material and only based on a 4. THAT your appellant craves to modify, delete or make grounds of appeal at the time of hearing of appeal. At the outset, the Ld. Counsel of the assessee submitted that this appeal has been filed mistakenly with the ITAT instead of therefore, the assessee We find that in the grounds raised, the assessee has challenged addition made by the Assessing Officer. Further in Form No. 36 also we note that date of the order mentioned is the assessment order however section has been mistakenly mentioned as section 263. Actually, the order challenged is the consequent assessment order passed by the Assessing Officer to the order u/s 263 passed by the Ld. Pr. Commissioner of Income-tax. As per the he order passed by the Assessing Officer u/s lenged before the Ld. CIT(A) and not before the ITAT and therefore, this appeal is not maintainable. As the assessee has withdrawn the appeal therefore, /09/2023. Sd/- (OM PRAKASH KANT) ACCOUNTANT MEMBER Copy of the Order forwarded to 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// Copy of the Order forwarded to : BY ORDER, (Assistant Registrar) ITAT, Mumbai Sahana Construction Pvt. Ltd. 3 ITA No. 1959/Mum/2023 BY ORDER, (Assistant Registrar) ITAT, Mumbai