The Asstt. Commissioner of Income-tax, Amritsar. V. M/s. Indo German Fabs., Amritsar.

ITA 340/ASR/2012

• Counselvise Citation: 34020914 RSA 2012
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 17-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.340(ASR)/2012 ASSESSMENT YEAR:2005-06 PAN :AAAFI6308M ASSTT.COMMR. OF INCOME-TAX, VS. M/S. INDO GERMAN FA BS; CIRCLE-IV, AMRITSAR. JANDIALA GURU, AMRITSAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SH.TARSEM LAL, DR RESPONDENT BY:SH. P.N.ARORA, ADVOCATE DATE OF HEARING:16/10/2012 DATE OF PRONOUNCEMENT:16.10.2012 ORDER PER BENCH ; THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST T HE IMPUGNED ORDER OF CIT(A), AMRITSAR, DATED 14.06.2012 FOR THE ASSES SMENT YEAR 2005-06 ON THE FOLLOWING GROUNDS: 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE LEARNED CIT(A), AMRITSAR, HAS ERRED IN CANCELING THE REASSE SSMENT ORDER U/S 143(3) READ WITH SECTION 263 OF THE I.T. ACT, 1 961. 2. THE ORDER OF THE LD. CIT() BE VACATED AND THAT O F THE A.O. BE RESTORED. 3. APPELLANT CRAVES LEAVE TO AMEND OR ADD ANY OR MO RE GROUNDS OF APPEAL. 2 2. THE FACTS NARRATED BY THE REVENUE ARE NOT DISPUT ED BY BOTH THE PARTIES. THEREFORE, THERE IS NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. THE LD. DR, RELIED UPON THE ORDER OF THE ASSESSI NG OFFICER. 4. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSES SEE, RELIED UPON THE ORDER OF THE LD.CIT(A). 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD, ESPECIALLY THE ORDER PASSED BY THE LD. FIRST APPELLATE AUTHORITY. WE ARE OF THE VIEW THAT THE LD. FIRST AP PELLATE AUTHORITY HAS PASSED A WELL REASONED AND DETAILED ORDER. THE RELEVANT PA RT OF THE FINDINGS OF THE LD. CIT(A) IS REPRODUCED FOR THE SAKE OF CONVENIENC E AS UNDER: 5. I HAVE CAREFULLY CONSIDERED THE APPELLANTS SUB MISSIONS, THE AOS FINDING CONTAINED IN HIS IMPUGNED REASSESSMENT ORDER UNDER APPEAL AND ALSO GONE THROUGH THE FINDINGS OF THE HO NBLE JURISDICTIONAL ITAT, AMRITSAR BENCH, AMRITSAR AS CO NTAINED IN THEIR APPELLATE ORDER DATED 3.4.2012 FOR AY 2005-06 IN AP PELLANTS OWN APPEAL BEARING ITA NO.208(ASR)/2010 AND IT WOULD BE PERTINENT TO REPRODUCE HEREUNDER THE RELEVANT FINDINGS OF THE HO NBLE ITAT IN THE CONCLUDING LINES OF PARA 6 (PAGE 8) OF THEIR ORDER IBID, FOR THE SAKE OF READ REFERENCE: THEREFORE, IN THE FACTS AND CIRCUMSTANCES, THE ORD ER OF THE A.O. CANNOT BE SAID TO BE ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE. THEREFORE, THERE IS NO QUE STION OF REVISION OF THE ORDER OF THE A.O. IN THE PRESENT CA SE. THUS, IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE DIS CUSSED HEREINABOVE, WE DIRECT TO CANCEL THE ORDER OF THE L D. CIT PASSED U/S 263 OF THE ACT AND ALLOW ALL THE GROUNDS OF APPEAL OF THE ASSESSEE. 6. FROM THE FACE OF THE GIVEN FACTS, I AM OF THE CONS IDERED OPINION 3 THAT NOW THERE ARISES NO QUESTION TO GO INTO THE ME RITS OF THE CASE AND TAKE UP ALL THE FIRST THREE GROUNDS OF APPEAL AGITA TING THE RE- ASSESSMENT AND TWO ADDITIONS MADE THEREIN. AS IS AP PARENT AND EMERGING FROM THE MATERIAL MADE AVAILABLE ON RECORD , SINCE THE VERY REVISIONARY ORDER DATED 30.3.2010 U/S 263 OF THE LD . CIT-II, AMRITSAR HAS BEEN CANCELLED, THE RE-ASSTT. ORDER DATED 22.1 2.2010 PASSED U/S 143(3) R.W. 263 OF THE I.T. ACT, 1961 OF THE ACIT, CIRCLE-IV, AMRITSAR THEREBY DETERMINING THE TOTAL TAXABLE INCOME OF THE APPELLANT-FIRM AT RS.78,000,497/- WOULD NOT SURVIVE HAVING LOST ITS S ANCTITY IN THE EYE OF LAW. ACCORDINGLY, THE AOS RE-ASSTT. ORDER UNDE R APPEAL IS HEREBY DISMISSED WITHOUT HAVING ANY LOCUS STANDI, WITHOUT DISCUSSING AND GOING INTO THE MERITS OF THE CASE. THE APPELLANTS ANCILLIARY GROUND OF APPEAL NO.4 WOULD PREVAIL IN THE MATTER AND PRESENT FACTS AND CIRCUMSTANCES, ENUMERATED IN DETAIL SUPRA. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D. 5.1. KEEPING IN VIEW THE AFORESAID FINDINGS OF THE LD. FIRST APPELLATE AUTHORITY, WE DO NOT FIND ANY INFIRMITY IN THE ORDE R OF THE LD. CIT(A) AND THE SAME IS UPHELD. ACCORDINGLY, THE APPEAL OF THE REVE NUE IS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16TH OCTOBER, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16TH OCTOBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. INDO GERMAB FABS, AMRITSAR. 2. THE ACIT,CIR.IV, ASR. 3. THE CIT(A), ASR. 4. THE CIT, ASR. 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER