Gayatri Enterprise, Ahmedabad V. The Dy.CIT, Circle-9, Ahmedabad

ITA 2620/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8586 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 11-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUDIT NAGAPAL
• Assessee Lawyers: MEHUL K PATEL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. NO: 2620/AHD/2015 (ASSESSMENT YEAR: 2010-11) GAYATRI ENTERPRISE FF-20, SARTHI COMPLEX, NR. VISAT PETROL PUMP, SABARMATI, AHMEDABAD-380027 V/S THE DCIT CIRCLE-9, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAGFG9445D APPELLANT BY : SHRI MEHUL K. PATEL, AR RESPONDENT BY : SHRI MUDIT NAGAPAL, SR. D.R. ( )/ ORDER DATE OF HEARING : 05 -04-201 8 DATE OF PRONOUNCEMENT : 09 -04-2018 PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-XV, AHMEDABAD DATED 15.01.2015 PERTAINING TO A.Y. 2010- 11. ITA NO. 2620 /AHD/2015 . A.Y. 2010-11 2 2. THE ONLY GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS. 2,93,78,486/-. 3. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT AN OR DER U/S. 143(3) OF THE ACT WAS FRAMED AND THE INCOME OF THE ASSESSEE WAS ASSESSED AT RS. 3,13,73,560/-. 4. SUBSEQUENTLY ORDER U/S. 263 WAS PASSED BY THE LD. C IT-IV, AHMEDABAD VIDE ORDER DATED 26.1.2013 AND THE ORDER FRAMED U/S. 143 (3) OF THE ACT WAS TREATED AS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE. THE LD. CIT DIRECTED THE A.O. TO RE-COMPUTE THE INCOME OF THE A SSESSEE. 5. WE FIND THAT THE SAID ORDER OF THE LD. CIT-IV, AHME DABAD FRAMED U/S. 263 OF THE ACT WAS CHALLENGED BEFORE THE TRIBUNAL AND THE TRIBUNAL VIDE ORDER DATED 31.08.2017 IN ITA NO. 590/AHD/2014 HAD SET ASIDE TH E ORDER OF THE LD. CIT AND RESTORED THAT OF THE ASSESSING OFFICER FRAME U/ S. 143(3) OF THE ACT. 6. SINCE THE PRESENT ASSESSMENT ORDER IS PURSUANT TO T HE DIRECTIONS OF THE LD. CIT VIDE ORDER FRAMED U/S. 263 OF THE ACT AND SINCE THA T ORDER OF THE LD. CIT HAS BEEN QUASHED BY THE TRIBUNAL, IN OUR CONSIDERED OPI NION, THE SUBSEQUENT ASSESSMENT ORDER BECOMES NON-EST MAKING THE ORDER O F THE FIRST APPELLATE AUTHORITY OTIOSE. 7. APPEAL FILED BY THE ASSESSEE IS ACCORDINGLY ALLOWED . ORDER PRONOUNCED IN OPEN COURT ON 09- 04- 20 18 SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY A CCOUNTANT MEMBER AHMEDABAD: DATED 09/04/2018 ITA NO. 2620 /AHD/2015 . A.Y. 2010-11 3 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD