Narayan Realty Ltd., Baroda V. The Dy.CIT.,Circle-4, Baroda

ITA 1962/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0694 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 19-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 154

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , , BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ./ I.T.A. NO.1962/AHD/2013 ( / ASSESSMENT YEAR : 2009-10) NARAYAN REALTY LTD. A-4, AMRAKUNJ SOCIETY B/H. SPANDAN APARTMENT URMI VACINE ROAD BARODA 390 007 / VS. THE DCIT CIRCLE-4 BARODA $ ./ ./ PAN/GIR NO. : AACCN 7562 N ( $& / APPELLANT ) .. ( '($& / RESPONDENT ) $&) / APPELLANT BY : SHRI PARIN SHAH, AR '($&*) / RESPONDENT BY : SHRI JAMES KURIAN, SR.DR +* / DATE OF HEARING 29/07/2016 ,-./* / DATE OF PRONOUNCEMENT 24/08/2016 / O R D E R PER SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-III, BARODA DAT ED 30/04/2013 FOR THE ASSESSMENT YEAR (AY) 2009-10. 2. THE RELEVANT FACTS AS CULLED OUT FROM THE MATERI ALS ON RECORD ARE AS UNDER:- ITA NO.1962/AHD/2013 NARAYAN REALTY LTD. VS. DCIT ASST.YEAR 2009-10 - 2 - 2.1. ASSESSEE IS A COMPANY STATED TO BE ENGAGED IN THE BUSINESS OF CONSTRUCTION AND DEVELOPMENT OF HOUSING PROJECT. I N THIS CASE, AGAINST THE ORDER PASSED BY LD.CIT(A) IN APPEAL NO.CAB/III- 166/11-12 DATED 11/07/2012 ASSESSEE FILED PETITION U/S.154 OF THE I NCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT') BEFORE LD.CI T(A) WHO VIDE ORDER DATED 30/04/2013 (IN APPEAL NO.CAB/III-028/12-13) D ISMISSED THE APPEAL OF THE ASSESSEE BY HOLDING THAT THERE WAS NO MISTAKE APPARENT FROM THE RECORD IN THE APPELLATE ORDER. AGGRIEVED BY THE ORDER OF LD.CIT(A), ASSESSEE IS NOW IN APPEAL BEFORE US AND HAS RAISED THE FOLLOWING GROUNDS:- 1. LD.CIT(A) ERRED IN LAW AND ON FACTS IN PASSING ORDER U/S.154 OF THE ACT NOT IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE ACT. THE ORDER PASSED BY LD.CIT(A) U/S 154 OF THE ACT BEING BAD IN LAW DESERVES TO BE QUASHED. IT BE SO HELD NOW. 2. LD. CIT(A) ERRED IN LAW AND ON FACTS IN PASSING ORDER U/S.154 OF THE ACT BEYOND TIME LIMIT PROVIDED UNDER THE ACT AND HE NCE BARRED BY LIMITATION. THE IMPUGNED TIME BARRED ORDER BEING I LLEGAL, INVALID AND VOID AB INITIO DESERVES TO BE QUASHED. IT BE SO HE LD NOW. 3. THE RECTIFICATION ORDER PASSED BY LD.CIT(A) IS ERRONEOUS SINCE THE TIME LIMIT TO PASS THE ORDER ON RECTIFICATION APPLI CATION HAVING ALREADY EXPIRED, IT IS PRAYED THAT THE HONBLE TRIBUNAL BE PLEASE TO HOLD THE APPLICATION FILED U/S.154 OF THE ACT AS DEEMED TO H AVE BEEN ALLOWED. 4. WITHOUT PREJUDICE TO THE ABOVE LD.CIT(A) OUGHT TO HAVE ALLOWED RECTIFICATION APPLICATION FILED BY THE APPELLANT. 3. BEFORE US, AT THE OUTSET, LD.AR SUBMITTED THAT A GAINST THE ORDER OF LD.CIT(A) IN QUANTUM ADDITION, REVENUE AND ASSESSEE HAD CARRIED THE ITA NO.1962/AHD/2013 NARAYAN REALTY LTD. VS. DCIT ASST.YEAR 2009-10 - 3 - MATTER BEFORE THE COORDINATE BENCH OF TRIBUNAL (ITA T B BENCH AHMEDABAD) AND TRIBUNAL IN ITA NOS.2293/AHD/2012 & 2294/AHD/2011 FOR AYS 2009-10 & 2008-09 RESPECTIVELY ORDER DATED 02/05/2014 HAD DISMISSED THE APPEALS OF THE REVENUE AND ALLOWED TH E APPEALS OF THE ASSESSEE. IN SUCH A SITUATION, HE SUBMITTED THAT T HE PRESENT APPEAL OF THE ASSESSEE HAS BECOME INFRUCTUOUS AND THEREFORE REQUI RES NO ADJUDICATION. LD.SR.DR DID NOT OBJECT TO THE AFORESAID CONTENTION OF LD.AR. IN VIEW OF THE CONTENTIONS OF BOTH THE PARTIES, WE DISMISS THE PRESENT APPEAL OF THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 24/08/2016 SD/- SD/- () () (RAJPAL YADAV) ( ANIL CHATURVEDI ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 24/ 08 /2016 3..,.../ T.C. NAIR, SR. PS !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. $& / THE APPELLANT 2. '($& / THE RESPONDENT. 3. 456 7 / CONCERNED CIT 4. 7 ( ) / THE CIT(A)-III, BARODA 5. 89:'56 , 56/ , 4 / DR, ITAT, AHMEDABAD 6. :<=+ / GUARD FILE. / BY ORDER, (8' //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD