Sri.Rajiv Paul, Kollam V. The ACIT, Circle-1, Kollam

ITA 271/COCH/2019

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 2195 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-11-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 22-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANTOM BOSE
• Keywords: Revision of order; Set aside
• Section: 143(3); 153A; 201; 263; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 271 /COCH/201 9 : ASST.YEAR 201 4 - 201 5 SRI.RAJIV PAUL CHUNGATH HOUSE MICROWAVE STATION ROAD KOLLAM 690 006. PAN : ACKPR7163H. VS. THE ASST.COMMISSIONER OF INCOME - TAX, CIRCLE 1 KOLLAM. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.SURENDRANATH RAO RESPONDENT BY : SRI.SANTOM BOSE. DATE OF HEARING : 1 9 .11.2019 DATE OF PRONOUNCEMENT : 19 .11.2019 O R D E R PER GEORGE GEORGE K, JM THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECT ED AGAINST COMMISSIONER OF INCOME - TAXS ORDER DATED 01.03.2019 PASSED U/S 263 OF THE I.T.ACT. THE RELEVANT ASSESSMENT YEAR IS 2014 - 2015. 2. THE CIT BY INVOKING POWERS U/S 263 OF THE I.T.ACT HAD SET ASIDE THE ASSESSMENT ORDER DATED 27.12.2016 PASSED U/S. 143(3) OF THE I.T.ACT. THE LEARNED AR AT THE VERY OUTSET SUBMITTED THAT THE ASSESSMENT PROCEEDINGS PURSUANT TO ORDER U/S 263 OF THE I.T.ACT WO ULD ABATE DUE TO SEARCH INITIATED U/S 132 OF THE I.T.ACT IN THE BUSINESS AND RESIDENTIAL PREMISES OF THE ASSESSEE ON 04.02.2019 . THE LEARNED DEPARTMENTAL REPRESENTATIVE SUPPORTED THE CITS REVISIONARY ORDER PASSED U/S 263 OF THE I.T.ACT. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. NOTICE U/S 263 OF THE I.T.ACT WAS ISSUED ITA NO. 271 / COCH /201 9 SRI. RAJIV PAUL . 2 ON 16.01.2019 AND ORDER WAS PASSED BY THE COMMISSIONER ON 01.03.2019 SETTING ASIDE THE ASSESSMENT ORDER DATED 27.12.2016. THERE WAS A SEARCH U/ S 132 OF THE I.T.ACT ON 04.02.2019 AND NOTICE U/S 153A OF THE I.T.ACT WAS ISSUED FOR THE RELEVANT ASSESSMENT YEAR, NAMELY, ASSESSMENT YEAR 2014 - 2015 ON 07.11.2019. THE LEARNED AR HAS CONCEDED THAT THE ISSUES RAISED IN THE REVISIONARY ORDER U/S 263 OF THE I .T.ACT ARE TO BE CONSIDERED IN ASSESSMENT THAT IS YET TO BE PASSED PURSUANT TO THE ISSUANCE OF NOTICE U/S 153A OF THE I.T.ACT. IN VIEW OF THE 2 ND PROVISO TO SECTION 153A OF THE I.T.ACT, THERE CANNOT BE TWO SIMULTANEOUS ASSESSMENT PROCEEDINGS FOR THE SAME A SSESSMENT YEAR, NAMELY, ASSESSMENT YEAR 2014 - 2015. WHEN NOTICE U/S 263 OF THE I.T.ACT WAS ISSUED ON 16.01.2019, THE ASSESSMENT FOR ASST.YEAR 2014 - 2015 WAS PENDING AS ON THE DATE OF SEARCH ON 04.02.2019. THEREFORE, WE HOLD THAT THE ASSESSMENT PURSUANT TO ORDER PASSED U/S 263 OF THE I.T.ACT GETS ABATED AND THE ISSUES RAISED BY THE CIT IN HIS REVISIONARY ORDER U/S 263 OF THE I.T.ACT ARE TO BE EXAMINED IN ASSESSMENT PURSUANT TO NOTICE ISSUED U/S 153A OF THE I.T.ACT. IT IS ORDERED ACCORD INGLY. 4 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS 19 TH DAY OF NOVEMBER, 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 19 TH NOVEMBER, 2019 . DEV A DAS G * ITA NO. 271 / COCH /201 9 SRI. RAJIV PAUL . 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT, THIRUVANANTHAPURAM . 4. THE ADDL. CIT KOLLAM . 5. THE DR, ITAT, COCHIN 6 . GUARD FILE.