The ACIT, Bhopal V. M/s Krishi Upaj Mandi Samiti, Harda

ITA 384/IND/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0015 (ITAT-INDORE)
• Duration Of Justice: 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 26-08-2009
• Assessment Year: 2003-2004
• Appeal Filed On: 27-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K KARAN
• Assessee Lawyers: S S DESH
• Section: 143(3); 263; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI M.L. GUSIA, ACCOUNTANT MEMBER PAN NO. :AAATK8037D I.T.A.NO.384/IND/2009 A.Y. : 2003-04 ACIT, M/S. KRISHI UPAJ MANDI SAMITI, 1(1), KHIRKIYA, BHOPAL. HARDA APPELLANT RESPONDENT APPELLANT BY : SHRI V.K.KARAN, ADDL. CIT DR RESPONDENT BY : SHRI S.S.DESHPANDE, C.A. O R D E R PER SAINI, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) I, BHOPAL, DATED 13 TH MAY, 2009, FOR ASSESSMENT YEAR 2003-04. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUT-SE T, SUBMITTED THAT THE A.O. COMPLETED THE ASSESSMENT U/S 143(3) ON 30 TH MARCH, 2006, AND THE SAID ORDER WAS SUBJECTED TO REVISION U/S 263 OF THE ACT BY THE CIT, BHOPAL. THE LEARNED COUNSEL FURTHER SUBMITTED THAT THE A.O. IN PURSUANCE OF THE -: 2: - 2 ORDER U/S 263 OF THE ACT REFRAMED THE IMPUGNED ASSE SSMENT ORDER ON 2 ND DECEMBER, 2008, WHICH WAS SUBJECT MATTER IN APPEAL BEFORE THE LD. CIT(A) IN IMPUGNED ORDER. THE LEARNED COUNSEL FOR THE ASSE SSEE FURTHER SUBMITTED THAT THE ASSESSEE PREFERRED APPEAL BEFORE THE TRIBU NAL AGAINST THE ORDER U/S 263 IN I.T.A.NO. 224/IND/2008 AND THE TRIBUNAL VIDE ORDER DATED 7 TH JANUARY, 2009, SET-ASIDE THE ORDER U/S 263 OF THE A CT AND THE APPEAL OF THE ASSESSEE HAS BEEN ALLOWED. THE LEARNED COUNSEL FOR THE ASSESSEE, THEREFORE, SUBMITTED THAT ONCE THE ORDER U/S 263 IS SET-ASIDE AND QUASHED, THE RESULTANT IMPUGNED ORDER WOULD NOT SURVIVE AND AS SUCH THE SA ME MAY BE QUASHED. THE ORDER OF THE TRIBUNAL IN I.T.A.NO. 224/IND/2008 , IS FILED ON RECORD. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT DISPUTE THI S FACT. 3. ON CONSIDERATION OF THESE FACTS, WE ARE OF THE VIEW THAT THE IMPUGNED ORDERS ARE LIABLE TO BE SET-ASIDE AND QUAS HED, BECAUSE SAME ARE PASSED IN PURSUANCE WITH THE ORDER U/S 263 OF THE A CT, WHICH HAS BEEN QUASHED BY THE TRIBUNAL. 4. AS A RESULT, THE IMPUGNED ORDERS WOULD NOT SURVIVE. IN THIS VIEW OF THE MATTER, THERE IS NO PURPOSE TO INTERFERE WITH T HE ORDER. AS SUCH THE IMPUGNED ORDERS ARE SET-ASIDE AND QUASHED. -: 3: - 3 5. DEPARTMENTAL APPEAL IS DISMISSED BEING INFRUCTUOUS. T HIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 26 TH AUGUST, 2009. SD/- SD/- M. L. GUSIA BHAVNESH SAINI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26 TH AUGUST, 2009. CPU* 268