PRINCIPAL C.I.T-3, NAGPUR V. M/S SUKHKARTA DEVELOPERS & BUILDERS, Nagpur

ITA 266/NAG/2018

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A)-1 Nagpur, which set aside the assessment order for the assessment year 2011-12. The original assessment was revised under section 263, leading to a new assessment determining the total income at Rs.3,14,65,805. However, this revisionary order was later quashed by the Tribunal, which formed the basis of the CIT(A)'s decision to cancel the assessment. The Revenue's appeal to the Tribunal contested this cancellation, but the Tribunal found no grounds to overturn the CIT(A)'s decision, given that the revisionary order had been set aside and there was no subsequent modification or reversal by the High Court.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301448 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-07-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 03-12-2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RASHMI MATHUR
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH (At e- Court, Pune) BEFORE SHRI R.S.SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. /ITA No.266/Nag/2018 नधा रण वष / Assessment Year : 2011-12 ACIT, Circle-4, Nagpur Vs. M/s. Sukhkarta Developers & Builders, Shree Tower, Opp. Corporation School, Somalwada Bus Stand, Wardha Road, Nagpur – 440 012 Maharashtra PAN : ABCFS9605C Appellant Respondent Assessee by : None Revenue by : Smt. Rashmi Mathur स ु नवाई क तार ख / Date of Hearing : 28.07.2023 घोषणा क तार ख / Date of Pronouncement : 31.07.2023 आदेश / ORDER PER R.S.SYAL, VP: This appeal by the Revenue is directed against the order dated 28-09-2018 passed by the ld. CIT(A)-1 Nagpur in relation to the assessment year 2011-12. 2. Briefly stated, the facts of the case are that the original assessment in this case was completed. Thereafter, action u/s.263 was taken pursuant to which the instant assessment came to be made determining total income at Rs.3,14,65,805/-. The ld. CIT(A) set aside the assessment order by observing that the revisionary order u/s.263, 2 ITA No.266/Nag/2018 M/s.Sukhkarta Developers and Builders pursuant to which the instant assessment was made, has been quashed by the Tribunal. Aggrieved thereby, the Revenue has come up in appeal before the Tribunal 3. We have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of the assessee despite notice. It is seen that the instant assessment was framed pursuant to the order passed by the ld. PCT u/s.263. The ld. CIT(A) has recorded in para 3 of the impugned order that the order passed u/s.263 has been set aside by the Tribunal vide its order dated 01-08-2018. Since the very basis of the instant assessment, being the revisionary order u/s.263, has been set aside by the Tribunal and there is nothing to show that the Tribunal order has been reversed or modified in any manner by the Hon’ble High Court, we are of the considered opinion that no exception can be taken to the impugned order cancelling the assessment. 4. In the result, the appeal is dismissed. Order pronounced in the Open Court on 31 st July, 2023. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे / Pune; दनांक / Dated : 31 st July, 2023 Satish 3 ITA No.266/Nag/2018 M/s.Sukhkarta Developers and Builders आदेश क त ल प अ े षत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. !यथ / The Respondent. 3. The CIT-1, Nagpur 4. "वभागीय त न%ध, आयकर अपील य अ%धकरण, “नागप ु र” ब ' च, / DR, ITAT, “Nagpur” Bench 5. गाड फ़ाइल / Guard File. // True Copy // आदेशान ु सार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील य अ%धकरण, प ु णे / ITAT, Pune * Date 1. Draft dictated on 28-07-2023 Sr.PS 2. Draft placed before author 31-07-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.