The ITO, Ward-2(1)(4), Ahmedabad V. M/s. Madhuvan Iron Pvt. Ltd., Ahmedabad

ITA 1980/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4648 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 19-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 13; 63

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER THE ITO, WAR - 2(1)(4), AHMEDABAD (APPELLANT) VS M/S. MADHUVAN IRON PVT. LTD. 2 ND FLOOR, OFFICE NO. 201, DEVARSHI COMPLEX, NEAR SURDHARA CIRCLE, AHMEDABAD PAN: AAHCM6694E (RESPONDENT) REVENUE BY : S H RI SAMIR TEKRIW AL , CIT - D . R. ASSESSEE BY: NONE DATE OF HEARING : 18 - 0 2 - 2 020 DATE OF PRONOUNCEMENT : 18 - 02 - 2 020 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2012 - 13 , ARI SES FROM ORDER OF THE CIT(A) - 2, AHMEDABAD DATED 31 - 07 - 2 018 , IN PROCEEDINGS UNDER SECTION 1 4 3(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE SOLITARY GROUND OF APPEAL OF THE REVENUE IS FILED A GAINST THE DECISION OF LD. CIT(A) IN DELETING THE ADDITION OF SHARE PREMIUM WITHOUT DEALING THE MATTER ON MERIT S . I T A NO . 1980 / A HD/20 18 A S S ESSMENT YEAR 2012 - 13 I.T.A NO. 1980 /AHD/20 18 A.Y. 2012 - 13 PAGE NO IT O VS. M/S. MADHUVAN IRON PVT. LTD. 2 3. AT THE OUTSET DURING THE COURSE OF APPELL ATE PROCEEDINGS BEFORE US, IT I S BROUGHT TO OUR NOTICE THAT THE LD. CIT(A) HAS DISMISSED THE A PPEAL OF THE ASSESSEE ON THE GROUND THAT CO - ORDINATE BENCH OF THE ITAT VIDE ITS ORDER IN ITA NO. 1027 /AHD/ 2017 DATED 19 TH FEB, 2 018 HAS QUASHED THE ORDER U/S. 2 63 DATED 15 TH MARCH, 2017 PASSED BY THE PR. CIT - 2 AHMEDABAD ON THE BASIS OF WHICH ASSESSMENT U/S. 143(3) R.W.S. 263 OF THE ACT WAS MADE BY THE ASSESSING OFFICER. IN THE LIGHT OF THE ABOVE FACTS, THE APP EAL OF THE REVENUE IS DISMISSED SINCE THE ORDER ON THE BASIS OF WHICH THE ADDITION WAS MADE HAS BEEN QUASHED BY THE ITAT AS MENTIONED ABOVE. T HEREFORE , THE APPEAL OF THE REVENUE IS DISMISSED . 3. IN THE RE SULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 02 - 20 20 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 18 /02 /2020 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,