M/s. Asian Fab Tec Ltd, Bengaluru V. Income Tax Officer, Ward-1(1)(1), Bengaluru

ITA 2769/BANG/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3410 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 19-02-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 20-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 153A; 132

Judgement Text

ITA NO.2769/BANG/2017 PAGE 6 OF 6 AO AND THE LEARNED AR HAS MENTIONED THAT THE AO HAS PASSED ASSESSMENT ORDER U/S 153A R.W.S. 143(3) R.W. 153D OF THE ACT ON 29/12/2017 WITH SIMILAR ADDITION AS IN ORIGINAL ASSESSMENT U/S 143(3) OF THE ACT. WE, ON APPLYING THE PROVISIONS OF SECTION 153A TO THE CASE ON HAND, ARE OF THE SUBSTANTIVE OPINION THAT PRIMA FACIE THE PROCEEDINGS ARE PENDING ON DATE OF INITIATION OF SEARCH U/S 132 OF THE ACT AND THEREFORE, THE ORIGINAL ASSESSMENT PROCEEDINGS SHALL MERGE WITH THE PROCEEDINGS U/S 153A OF THE ACT. THEREFORE, THE ASSESSMENT U/S 143(3) OF THE ACT ARE ABATED AND WE, ACCORDINGLY, SET ASIDE THE ORDERS OF THE CIT(A) AND THE AO AS THE SAME ARE NON-EST IN THE EYES OF LAW. 7. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON TH FEBRUARY, 2019. ( B.R. BASKARAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU D A T E : /02/2019 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)- 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE