D.C.I.T.CC - VIII,Kol., Kolkata V. M/s Kanak Projects Ltd., Kolkata

ITA 2250/KOL/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9612 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 17-11-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 13-08-2013
• Court: TRIBUNAL
• Department Lawyers: NIRAJ KUMAR CIT LD
• Assessee Lawyers: SUJOY SEN LD
• Section: 263; 2

Judgement Text

ITA NO. 2250/KOL/2013 M/S. KANAK PROJECTS LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B B ENCH, KOLKATA BEFORE : SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI DR. A.L. SAINI, AC COUNTANT MEMBER I.T.A NO. 2250/KOL/2013 ASSESSMENT YEAR: 2007-08 D.C.I.T., C.C-VIII, KOLKATA APPELLANT -VS.- M/S. KANAK PROJECTS LTD. PAN: AABCK 1255F 41, CHOWRINGHEE ROAD, KOLKATA- 700 071. RESPONDENT APPEARANCES BY: SHRI NIRAJ KUMAR, CIT, LD.DR FOR THE REVENUE SHRI SUJOY SEN, LD.AR FOR THE ASSESSEE DATE OF HEARING : 09-01- 2017 DATE OF PRONOUNCEMENT : 0 9-01-2017 ORDER SHRI. S.S.VISWANETHRA RAVI, JM: THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DT : 28 TH JUNE, 2013 PASSED BY THE COMMISSIONER OF INCOME TAX-(APPEALS), CENTRAL-I, KOLKATA FOR THE ASSESSMENT YEAR 2007-08. 2. IT WAS SUBMITTED BY THE LD.AR OF THE ASSESSEE T HAT THIS APPEAL IS ARISING OUT OF THE IMPUGNED ORDER OF THE CIT(A), WHEREIN TH E ASSESSEE CHALLENGED THE GIVING EFFECT ORDER PASSED U/S. 143(3)/147 OF THE A CT, IN PURSUANCE OF ORDER ITA NO. 2250/KOL/2013 M/S. KANAK PROJECTS LTD 2 PASSED U/S. 263 OF THE ACT BY CIT. IT WAS FURTHER S UBMITTED THAT THE ASSESSEE CHALLENGED THE ORDER OF THE CIT PASSED U/S. 263 OF THE ACT BEFORE THIS TRIBUNAL, WHEREIN THE TRIBUNAL ALLOWED THE APPEAL OF ASSESSEE BY QUASHING THE ORDER THEREIN PASSED U/S. 263 OF THE ACT AND IN VIEW OF THE SAME NO FURTHER ORDER REQUIRES AND AS SUCH THE PRESENT APPEAL OF REVENUE MAY BE DISMISSED AS INFRUCTUOUS. 3. THE LD.DR SUBMITS THAT THE ASSESSEE SUCCEEDED IN THE APPEAL FILED AGAINST THE ORDER PASSED U/S. 263 BEFORE THE TRIBU NAL ORDER AND CONCEDED NO FURTHER ORDER REQUIRES IN THIS APPEAL OF REVENUE. 4. HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE CO-ORDINATE BENCH OF THIS TRIBUNAL QUASHED THE ORDER PASSED U/S. 263 BY RELYING ON THE ORDER OF TRIBUNAL IN ASS ESSEES OWN CASE FOR A.Y 1998-99, IN VIEW OF THE SAME, THE PRESENT APPEAL RE QUIRES NO ADJUDICATION. HENCE, THE SAME IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 9 -01-2017. SD/- SD/- DR. A.L. SAINI S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 0 9- 01-2017 ITA NO. 2250/KOL/2013 M/S. KANAK PROJECTS LTD 3 COPIES TO : **PP/SPS (1) APPELLANT/REVENUE : DEPUTY COMMISSIONER OF INCOME TAX, C.C-VIII, ROOM NO. 403, 4 TH FLOOR, AAYKAR BHAWAN POORVA, 110 SHANTI PALLY, E.M BYE PASS, KOLKATA-107. 2) DEPARTMENT/ASSESSEE: M/S. KANAK PROJECTS LTD 41 CHOWRINGHEE ROAD, KOLKATA-700 071. (3)COMMISSIONER OF INCOME-TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL KOLKATA