THE ACIT CEN CIR-13, MUMBAI V. SHRI AMITABH BACHAN, MUMBAI

ITA 2712/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9411 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 06-01-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 17-04-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K PAHWA
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SMT.ASHA VIJAYARAGHAVAN , JM ITA NO.2712/MUM/2008 : ASST.YEAR 2001-2002 THE ASSTT.COMMISSIONER OF INCOME-TAX CIRCLE 13 MUMBAI. VS. SHRI AMITABH BACHCHAN PRATIKSHA, N.S.ROAD NO.10 JUHU JVPD SCHEME MUMBAI 400 049. PA NO.AACPB9226B. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.K.PAHWA RESPONDENT BY : SHRI RAJESH P.SHAH O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 18.10.2007 IN RELATION TO THE ASSESSMENT YEAR 2001-2002. 2. SHORN OF UNNECESSARY DETAILS, IT IS NOTED THAT T HE ORIGINAL ASSESSMENT WAS MADE IN THIS CASE U/S.143(3). THEREAFTER THE LEARNE D COMMISSIONER OF INCOME TAX, INVOKING HIS JURISDICTION U/S.263, DIRECTED THE ASS ESSING OFFICER TO CARRY OUT FURTHER INVESTIGATIONS. PURSUANT TO THAT THE ASSESSING OFFI CER FRAMED THE PRESENT ASSESSMENT ORDER U/S.143(3) R.W.S. 263 OF THE ACT, DETERMINING THE TOTAL INCOME AT RS.13.47 CRORES AS AGAINST THE ORIGINAL INCOME COMP UTED AS PER ASSESSMENT ORDER U/S.143(3) AT RS.26.37 CRORES. DURING THE PENDENCY OF APPEAL BEFORE THE LEARNED CIT(A) AGAINST THE PRESENT ASSESSMENT ORDER, THE AS SESSEE CHALLENGED 263 ORDER BEFORE THE TRIBUNAL. VIDE ORDER DATED 28.8.2007, TH E TRIBUNAL IN ITA NO.2877/MUM/2006 QUASHED THE ORDER PASSED BY THE LE ARNED CIT. THE LEARNED CIT(A), THROUGH THE IMPUGNED ORDER, TOOK INTO CONS IDERATION ALL THESE FACTS AND SET ASIDE THE ASSESSMENT THEREBY ALLOWING THE ASSESSEE S APPEAL. ITA NO.2712/MUM/2008 SHRI AMITABH BACHCHAN. 2 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS FOUND AS AN UNDISPUTED POSITION THAT T HE INSTANT ASSESSMENT ORDER WAS PASSED PURSUANT TO THE DIRECTION GIVEN BY THE LEARN ED CIT VIDE HIS ORDER U/S.263. SINCE THE VERY FOUNDATION OF THE PRESENT ASSESSMENT PROCEEDINGS, BEING THE PASSING OF REVISIONAL ORDER U/S.263, DOES NOT SURVIVE, THER E IS NO QUESTION OF CONTINUING WITH THE RESULTANT PROCEEDINGS. WE, THEREFORE, UPHO LD THE IMPUGNED ORDER QUASHING THE PRESENT ASSESSMENT ORDER. 4. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF JANUARY, 2010. SD/- SD/- (ASHA VIJAYARAGHAVAN) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT ME MBER MUMBAI : 11 TH JANUARY, 2010. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A)-VII, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI. ITA NO.2712/MUM/2008 SHRI AMITABH BACHCHAN. 3 DATE INITIAL 1. DRAFT DICTATED ON 06.01.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 07.01.2010 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 9. DATE OF DISPATCH OF ORDER. *