The ACIT, Circle-2(2), Ahmedabad V. Shri Pranay Bharatkumar Shah, Ahmedabad

ITA 2531/AHD/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9696 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 16-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: P M MEHTA
• Keywords: Revision of order
• Section: 143(3); 40(a)(ia)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.2531/AHD/2017 (ASSESSMENT YEAR : 2010-11) THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 2(2), AHMEDABAD. VS. SHRI PRANAY BHARATKUMAR SHAH, C-202, GALA IMPERIAL, NR. HAVELI BUNGLOWS, DRIVE-IN-ROAD, THALTEJ, AHMEDABAD 380 054. [PAN NO. ALTPS 6487 K] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI LALIT P. JAIN, SR. DR RESPONDENT BY : SHRI P. M. MEHTA, A.R. DATE OF HEARING 06/09/2018 DATE OF PRONOUNCEMENT 29/11/2018 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL HAS BEEN FILED BEFORE US BY THE REVENUE AGAINST THE ORDER DATED 07.09.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-10, AHMEDABAD ARISING OUT OF THE ORDER DATED 28/03/2016 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), AHMEDABAD UNDER SECTION 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2010-11. 2. REVENUE HAS BEEN RAISED FOLLOWING GROUNDS: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT ADJUDICATING THE ISSUE OF DISALLOWANCE U/S 40(A)(IA) OF THE IT ACT ON MERITS OF THE CASE. 2. THE LD CIT(A) HAS ERRED IN LAW AND ON FACTS BAS ING HIS DECISION ON THE HON'BLE ITAT ORDER WHICH HAS NOT YET REACHED FINAL ITY AS THE DEPARTMENT HAS FURTHER PREFERRED APPEAL WITH THE HON'BLE HIGH COURT. - 2 - ITA NO.2531/AHD/2017 ACIT VS. SHRI PRANAY BHARATKUMAR SHAH ASST.YEAR 2010-11 3. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER AN Y GROUND OR ADD A NEW GROUND, WHICH MAY BE NECESSARY. 3. THE ASSESSEE ORIGINALLY FILED ITS RETURN OF INCO ME FOR A.Y. 2010-11 ON 30.09.2013 DECLARING TOTAL INCOME OF RS.1,33,17,150/- ULTIMATE LY UPON SCRUTINY THE TOTAL INCOME OF ASSESSEE WAS DETERMINED OF RS.7,81,23,483/- BY AND UNDER THE ORDER DATED 18.03.2016 PASSED BY THE ASSESSING OFFICER U/S 143(3) OF THE A CT. SUBSEQUENTLY, THE MATTER WAS SUBJECTED TO REVIEW U/S 263 OF THE ACT BY THE LEARN ED CIT(A) TREATING THE SAME ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE AS P ER THE PROVISION OF SECTION 263 OF THE ACT. SHOW CAUSE NOTICE WAS ISSUED TO THE ASSESSEE. UPON GOING THROUGH THE SUBMISSION MADE BY THE ASSESSEE, THE LEARNED CIT(A) BY AND UND ER AN ORDER DATED 19.03.2015 SET ASIDE THE EARLIER ASSESSMENT ORDER AND DIRECTED THE ASSESSING OFFICER TO MAKE FRESH ASSESSMENT UPON CONSIDERING THE FACTS AND LEGAL POS ITION OF THE MATTER. AS A RESULT, THE ASSESSMENT ORDER U/S 143(3) R.W.S 263 OF THE ACT WA S PASSED ON 28.03.2016 AGAINST WHICH APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LEA RNED CIT(A) WHICH WAS PENDING BEFORE IT. MEANWHILE, ANOTHER APPEAL PREFERRED BY T HE ASSESSEE BEFORE THE HONBLE ITAT WAS DECIDED IN FAVOUR OF THE ASSESSEE BY AND UNDER ORDER DATED 09.02.2017 QUASHING THE SAID ORDER PASSED BY THE LEARNED CIT(A) U/S 263 OF THE ACT HOLDING THE SAME WITHOUT JURISDICTION. 4. THEREAFTER, THE QUANTUM APPEAL PREFERRED BY THE ASSESSEE WAS TAKEN UP BY LEARNED FIRST APPELLATE AUTHORITY WHO INTERN ON THE BASIS O F THE ORDER DATED 19.03.2015 PASSED BY THE HONBLE ITAT IN ITA NO.1526/AHD/2015 SETTING AS IDE THE ORDER PASSED BY THE LEARNED CIT(A) U/S 263 OF THE ACT DISMISSED THE SAI D APPEAL AS INFRUCTUOUS. HENCE, THE INSTANT APPEAL IS BEFORE US. 5. AT THE TIME OF HEARING OF THE INSTANT APPEAL, TH E LEARNED REPRESENTATIVE OF THE ASSESSEE SUBMITTED BEFORE US THE FACTS NARRATED ABO VE AND ALSO THE ORDER PASSED BY THE CO-ORDINATE BENCH REJECTING THE ORDER DATED 19.03.2 015 PASSED BY THE LEARNED CIT(A) - 3 - ITA NO.2531/AHD/2017 ACIT VS. SHRI PRANAY BHARATKUMAR SHAH ASST.YEAR 2010-11 U/S 263 OF THE OF THE ACT, WE HAVE PERUSED THE SAM E. SINCE THE VERY BASIS OF THE QUANTUM APPEAL BEING THE ORDER DATED 19.03.2015 PASSED U/S 263 OF THE ACT BY THE LEARNED CIT(A) IS NO MORE IN EXISTENCE BEING QUASHED BY THE LEARNE D INCOME TAX APPELLATE TRIBUNAL THE APPEAL BEFORE THE FIRST APPELLATE AUTHORITY BECOMES INFRUCTUOUS AS RIGHTLY DISMISSED BY THE LEARNED CIT(A). WE THUS FIND NO MERIT IN THE INSTAN T APPEAL PREFERRED BY REVENUE. THE SAME IS HEREBY DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED . THIS ORDER PRONOUNCED IN OPEN COURT ON 29/11/2018 SD/- SD/- ( PRAMOD KUMAR ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 29/11/2018 PRITI YADAV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. () / THE CIT(A)-10, AHMEDABAD. 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 15/11/2018 (DICTATION PAGES 5) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 16/11/2018 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER