ACIT CIRCLE-28(3), MUMBAI V. SHREE BHAGWATI ENTERPRISES, MUMBAI

ITA 2769/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5386 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 03-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUBODH RATNAPARKHI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.2769/M/2018 ASSESSMENT YEAR: 2012-13 ACIT, CIRCLE 28(3) ROOM NO.313, 3 RD FLOOR, TOWER NO.6, VASHI RAILWAY STATION COMPLEX, VASHI, NAVI MUMBAI 400 705 VS. M/S. SHREE BHAGWATI ENTERPRISES, FLAT NO. A-1701/1702, SECTOR-46A, PALM BEACH ROAD, NERUL, NAVI MUMBAI 400 706 PAN: ABGFS 6057G (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI SUBODH RATNAPARKHI, A.R. REVENUE BY : SHRI RAHUL RAMAN, D.R. DATE OF HEARING : 01.05.2019 DATE OF PRONOUNCEMENT : 16.05.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 15.12.2015 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2012-13 WHICH IN TURN I S ARISING OUT OF ASSESSMENT ORDER FRAMED U/S 143(3) R.W.S. 263 O F THE ACT. 2. THE ONLY ISSUE RAISED BY THE REVENUE IS AGAINST THE DELETION OF ADDITION OF RS.10,04,14,525/- BY LD. CI T(A) AS MADE BY THE AO TOWARDS THE UNPROVED PURCHASE OF MATERIAL S. IT IS PERTINENT TO MENTION THAT THE PRESENT PROCEEDINGS B EFORE US ARE ITA NO.2769/M/2018 M/S. SHREE BHAGWATI ENTERPRISES 2 ARISING OUT OF ASSESSMENT FRAMED BY THE AO UNDER SE CTION 143(3) READ WITH RULE 263 OF THE ACT DATED 30.12.2016. 3 AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE SUBMI TTED BEFORE THE BENCH THAT THE REVISIONARY ORDER OF THE PR. COM MISSIONER PASSED UNDER SECTION 263 OF THE ACT DATED 15.12.201 5 HAS BEEN QUASHED BY THE CO-ORDINATE BENCH OF THE TRIBUNAL IN THE CASE TITLED AS SHREE BHAGWATI ENTERPRISES VS. PR. CIT I N ITA NO.525/M/2016 A.Y. 2012-13 VIDE ORDER DATED 07.07.2 017 AND CONSEQUENTLY ALL THE PROCEEDINGS EMANATING THEREFRO M ARE ALSO RENDERED INFRUCTUOUS. THEREFORE, ALL THE CONSEQUEN T PROCEEDINGS ARISING OUT OF THE SAID ORDER ARE LIABLE TO BE QUAS HED. ACCORDINGLY, THE LD. A.R. PRAYED THAT THE APPEAL OF THE DEPARTMENT MAY KINDLY BE DISMISSED AS THE SOURCE OR DER PASSED UNDER SECTION 263 OF THE ACT STANDS QUASHED BY THE CO-ORDINATE BENCH OF THE TRIBUNAL. 4. THE LD. D.R. FAIRLY AGREED TO THE CONTENTIONS TH AT THE ORDER UNDER SECTION 263 OF THE ACT HAS BEEN QUASHED BY TH E TRIBUNAL HOWEVER HE RELIED ON THE GROUNDS OF APPEAL. 5. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MATERIAL ON RECORD, WE OBSERVE THAT IN THIS CASE THE REVISIONAR Y ORDER PASSED UNDER SECTION 263 OF THE ACT DATED 15.12.2015 HAS B EEN QUASHED BY THE CO-ORDINATE BENCH OF THE TRIBUNAL IN ITA NO.525/M/2016 (SUPRA) AND THEREFORE THE ASSESSMENT ORDER PASSED BY THE AO UNDER SECTION 143(3) READ WITH SEC TION 263 DATED 30.12.2016 DOES NOT SURVIVE. ACCORDINGLY, TH E APPEAL OF THE REVENUE IS DISMISSED. ITA NO.2769/M/2018 M/S. SHREE BHAGWATI ENTERPRISES 3 6. IN RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.05.2019. SD/- SD/- ( RAM LAL NEGI) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 16.05.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.