DCIT-1(3)(1), MUMBAI V. DEUTSCHE INDIA PVT. LTD.(EARLIER KNOWN AS 'DBOI GLOBAL SERVICES PVT. LTD.), MUMBAI

ITA 2500/MUM/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8507 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 29-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order; Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI S. RIFAUR RAHMAN, AM आयकरअपीलसं./ I.T.A. No. 2500/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2008-09) DCIT –1(3)(1), R. No. 535, 5 th floor, Aayakar Bhavan, M. K. Road, Mumbai-400 020 बिधम/ Vs. M/s Deutsche India Pvt. Ltd. (earlier Knows as ‘DBOI Global Services Pvt. Ltd.) Block B-4, Level-6, Nirlon Knowledge Park, Goregoan (East) Mumbai-400 063, Vaibhav, Cadell Road, Mahim, Mumbai-400 016 स्थायीलेखासं./जीआइआरसं./PAN No. AACCD2953L (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri T. Shankar, Ld. DR प्रत्यथीकीओरसे/Respondent by : Shri Manan, Ld. AR सुनवाईकीतारीख/ Date of Hearing : 11.07.2022 घोषणाकीतारीख / Date of Pronouncement : 11.07.2022 आदेश / O R D E R Per Amit Shukla, Judicial Member: The aforesaid appeal has been filed by the revenue against the impugned order dated 30.08.2021, passed by National Faceless 2 I.T.A. No. 2500/Mum/2021 M/s Deutsche India Pvt. Ltd. Appeal Centre (NFAC), Delhi for the quantum of assessment passed u/s 143(3) r.w.s. 263 for AY 2008-09. The grounds of appeal raised by the revenue are as under:- 1. "Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in quashing the assessment order made in pursuance to order u/s 263 where the appeal of the revenue was pending before the Hon’ble High Court against the order of the Hon’ble ITAT passed against order u/s 263." 2. Here in this case original assessment was passed u/s 143(3) r.w.s. 144C(13) vide order dated 21.10.2012 assessing the total income of Rs. 112,19,40,930/-. Thereafter, Ld. PCIT in his revisionary jurisdiction u/s 263 had set aside the said assessment order vide order dated 26.03.2015. In pursuance to that, Ld. AO has passed order dated 30.03.2016 u/s 143(3) r.w.s. 263 wherein he has made further disallowance of ESOP of Rs. 11,19,35,000/- which was directed by Ld. PCIT to consider the same afresh. Subsequently, the order dated 26.03.2015 passed u/s 263, the Tribunal vide order dated 11.12.2017 had set aside the order of PCIT passed u/s 263 and the matter was decided in favour of the assessee. 3 I.T.A. No. 2500/Mum/2021 M/s Deutsche India Pvt. Ltd. 3. Ld. CIT(A) had noted this facts in para 3 in the following manner:- 3. Facts of the Case: In the appellant's case, the original order u/s 143(3) of the Act, was passed on 21/10/2012 for the A.Y. 2008-09. The Commissioner of Income Tax passed an order u/s 263 of the Act on 26/03/2015, set aside the original assessment order. The appellant filed an appeal before the Mumbai, Tribunal against the CIT's order passed u/s 263 of the Act. 3.2 Meanwhile, the Assessing Officer passed the order u/s 143(3) r.w.s 263, vide order dated 30/03/2016, by giving effect to the revision order passed u/s 263 of the Act. The appellant filed an appeal against this order u/s 143(3) r.w.s 263 on 21/06/2016. Subsequently, Hon'ble ITAT, Mumbai, vide order dated 11/12/2017 set aside the CIT's orders u/s 263 and decided the issue in favour of the appellant. 4. Grounds: In view of the jurisdictional ITAT order set aside the order passed by the CIT u/s 263 dated 26/03/2015, the appeal filed against the order u/s 143(3) r.w.s 263 dated 30/03/2016 becomes infructuous. In view of the above, the appeal is dismissed as infructuous. 4 I.T.A. No. 2500/Mum/2021 M/s Deutsche India Pvt. Ltd. 4. Thus, when order u/s 263 itself has been passed, then consequently the order passed by AO in pursuance to order u/s 263 has become infructuous and therefore, Ld. CIT(A) has rightly held the assessment order infructuous. Even the revenue in the grounds has stated that matter is subjudice before the Hon’ble High Court. Accordingly, the ground raised by the revenue is dismissed 5. In the result, the appeal filed by the revenue stands dismissed. Orders pronounced in the open court on 11 th July, 2022. Sd/- Sd/- (S. Rifaur Rahman) (Amit Shukla) Accountant Member Judicial Member मुंबई Mumbai;ददनांक Dated : 11/07/2022 Sr.PS. Dhananjay आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. दवभागीयप्रदतदनदध, आयकरअपीलीयअदधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER, .उि/सहधयकिंजीकधर (Dy./Asstt.Registrar) आयकरअिीिीयअनर्करण, मुंबई/ ITAT, Mumbai