DCIT CC 6(3) ERSTWHILE AC CC 38, MUMBAI V. EXCEL CROP CARE LTD, MUMBAI

ITA 2252/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1777 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2005-2006
• Appeal Filed On: 17-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN
• Assessee Lawyers: AKHILESH JAIN
• Section: 143(3); 147; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH , MUMBAI BEFORE SRI B. R. BASKARAN, AM AND SRI AMIT SHUKLA , J M ITA NO . 2465 /MUM/2015 (A.Y: 2005 - 06 ) M/S. EXCEL CROP CARE LTD., 13, ARADHANA INDUSTRIAL DEVELOPMENT CORPORATION, NEAR VIRWANI INDUSTRIAL ESTATE , GOREGAON (E), MUMBAI 400 063 PAN: AAACW 3810D VS. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 38 AAYAKAR BHAVAN, M. K. ROAD, MUMBAI 400 020 APPELLANT .. RESPONDENT ITA NO. 2252 /MUM/2015 (A.Y: 2005 - 06 ) THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 38 AAYAKAR BHAVAN, M. K. ROAD, MUMBAI 400 020 VS. M/S. EXCEL CROP CARE LTD., 13, ARADHANA INDUSTRIAL DEVELOPMENT CORPORATION, NEAR VIRWANI INDUSTRIAL ESTATE, GOREGAON (E), MUMBAI 400 063 PAN: AAACW 3810D APPELLANT .. RESPONDENT ASSE SSEE BY .. SHRI AKHILESH JAIN, AR REVENUE BY .. SHRI M. C. OMI NINGSHEN, DR DATE OF HEARING .. 08 - 12 - 2016 DATE OF PRONOUNCEMENT .. 20 - 12 - 2016 O R D E R PER AMIT SHUKLA , JM : THE AFORESAID CROSS APPEALS HAVE BEEN FILED BY THE ASSESS EE AS WELL AS BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 30 - 01 - 2015 FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3) READ WITH SECTION 263 OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2005 - 06. ITA NO. 2465 /MUM/20 1 5 2252/MUM/2015 ASSESSMENT YEAR: 2005 - 06 2 2. BEFORE US, THE LEARNED COUNSEL FOR THE ASS ESSEE SUBMITTED THAT THE PRESENT APPEAL IS ARISING OUT OF THE SET ASIDE PROCEEDINGS IN PURSUANCE OF ORDER PASSED U/S 263 , DATED 2 6 - 03 - 2013 BY THE LEARNED CIT (CENTRAL CIRCLE - 3, MUMBAI). HE POINTED OUT THAT NOW, THE SAID ORDE R PASSED BY THE LEARNED CIT U/S 263 HAS BEEN S ET ASIDE BY THE TRIBUNAL AND THE ORDER OF THE A O PASSED ON 30 - 12 - 2010 U/S 143 (3) R. W. S. 147 HAS BEEN RESTORED. HE ALSO PLACED THE COPY OF THE ORDER OF THE TRIBUNAL PASSED IN ITA NO.4237/MUM/2013 DATED 06 - 11 - 2015. THUS, HE SUBMITTED THAT TH E PRESENT AP PEAL HAS NOW BECOME INFRUCTUOUS. 3. AFTER CONSIDERING THE AFORESAID SUBMISSIONS AND PERUSAL OF THE MATERIALS PLACED ON RECORD, WE FIND THAT THE ORIGINAL ASSESSMENT WAS COMPLETED U/S 143(3) ON 26 - 11 - 2008. THEREAFTER, THE SAID ASSESSMENT WAS RE OPENED U/S 147 AND ASSESSMENT ORDER WAS PASSED U/S 143(3) READ WITH SECTION 17 ON 30 - 12 - 2010. THEREAFTER, THE LEARNED CIT IN HIS REVISIONARY JURISDICTION U/S 263 CANCELED THE SAID ASSESSMENT ORDER AND DIRECTED THE ASSESSING OFFICER TO PASS FRESH ASSESSMENT ORDER AFTER CONSIDERING VARIOUS ISSUES LIKE DISALLOWANCE OF INTEREST A TTRIBUTABLE TO CAPITAL WORK - IN - PROGRESS, DISALLOWANCE IN RESPECT OF SUBSCRIPTION EXPENSES , ETC . THE SAID ORDER OF THE CIT WAS CHALLENGED BY THE ASSESSEE BEFORE THIS TRIBUNAL, WHEREIN TH E TRIBUNAL VIDE ORDER DATED , 06 - 11 - 2015 HAS QUASHED/SET ASIDE THE SAID ORDER OF THE LEARNED CIT PASSED U/S 263 AND THEREBY THE ASSESSMENT ORDER DATED 30 - 12 - 2010 PASSED BY THE ASSESSING OFFICER GOT RESTORED . ONCE, THE ORDER PASSED U/S 263 ITSELF HAS BEEN QU ASHED, THEN THE CONSEQUENT PROCEEDINGS UNDERTAKEN U/ S 143(3)/263 HAS BEEN RENDERED INFRUCTUOUS. ACCORDINGLY, THE APPEAL OF THE ASSESSEE AS WELL AS TH E APPEAL OF THE REVENUE BOTH HA VE BECOME INFRUCTUOUS AND THE SAME ARE TREATED AS DISMISSED. ITA NO. 2465 /MUM/20 1 5 2252/MUM/2015 ASSESSMENT YEAR: 2005 - 06 3 4. IN THE RES ULT, BOTH THE APPEAL S OF THE ASSESSEE AND THAT OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 - 12 - 2016 . BY ORDER, ASSISTANT REGIS TRAR ITAT, MUMBAI SR. NO. PARTICULARS DATE INITIALS MEMBER C ONCERNED 1 DICTATION GIVEN ON 16 .12.16 LK DEKA JM 2 DRAFT PLACED BEFORE AUTHOR 19 .12.16 20.12.16 3 DRAFT PROPOSED/PLACED BEFORE T HE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY S ECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR.PS 22.12.16 6 KEPT FOR PRONOUNCEMENT ON - 7 FILE SENT TO THE BENCH CLERK 22.11.16 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER SD/ - ( B. R. BASKARAN ) ACCONTANT MEMBER MUMBAI, DATED: 20 - 12 - 2016 LAKSHMIKANTA DEKA/SR.PS SD/ - ( AMIT SHUKLA ) JUDICIAL MEMBER COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT (A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//