ITO ACIT-31(1), Mumbai V. M/S DBS REALTY , Mumbai

ITA 3976/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1228 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 04-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAMATA BANSAL
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ) , D BENCH MUMBAI BEFORE SHRI RAJESH KUMAR , AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 3976 /MUM/ 20 19 ( ASSESSMENT YEAR : 201 2 - 1 3 ) & ITA NO. 3977 /MUM/ 2019 ( ASSESSMENT YEAR : 2013 - 14 ) ASSISTANT COMMI SSIONER OF INCOME TAX - 31(1) ROOM NO.602, 6 TH FLOOR, KAUTILYA BHAWAN B.K.C. BANDRA (E) MUMBAI 51 VS. M/S. DBS REALTY GROUND FLOOR, D B HOUSE YASHODAVAN A.K. VAIDYA MARG, GOREGAON (E) MUMBAI 400 062 PAN/GIR NO. AAFFD8341L (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. MAMATA BANSAL ASSESSEE BY NONE DATE OF HEARING 20 / 01/ 202 1 DATE OF PRONOUNCEMENT 21 / 01 /202 1 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE AFORESAID APPEAL S HA VE BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 15/03/2019 , PASSED BY THE CIT(A) - 42 , MUMBAI, FOR THE A SSESSMENT Y EAR S 2012 - 13 & 2013 - 14 . ITA NO . 3976 & 3977/MUM/2019 M/S. DBS REALTY 2 2. THE ONLY ISSUE RAISED BY THE REVENUE IN BOTH THE APPEALS IS THAT THE LD. CIT(A) IS NOT JUSTIFIED IN HOLDING THAT THE ORDER PASSED U/S.143(3) R.W.S. 263 OF THE ACT IS INFRUCTUOUS BY RELYING ON THE ORDER OF THE CO - ORDINATE BENCH IN ITA NO.3034 & 3035/MUM/2018 DATED 08/03/2019 FOR A.Y.2012 - 13 & 2013 - 14. 3. AT THE TIME OF HEARING WHEN THE CASE WAS CALLED UP FOR HEARING NEITHER ASSESSEE NOR AUTHORI ZED REPRESENTATIVE APPEARED IN THE VIRTUAL COURT NOR ANY ALLOCATION SEEKING ADJOURNMENT WAS FILED BEFORE US. THEREFORE WE ARE DECIDING THESE APPEALS AFTER HEARING THE LD. DR ONLY. . 4. AFTER HEARING THE LD. DR AND PERUSING THE ORDER OF THE LD. CIT(A), WE OBSERVE THAT IN BOTH THE CASES, THE CO - ORDINATE BENCH HAS QUASHED THE REVISIONARY ORDER PASSED BY LD. PCIT U/S.263 OF THE ACT FOR BOTH THE YEARS AND THE LD. CIT(A) WHILE DECIDING THE APPEAL OF THE ASSESSEE HAS FOLLOWED THE SAID CO - ORDINATE BENCH DECISION I N ITA NO.3034 & 3035/MUM/2018 FOR BOTH THE ABOVE YEARS WHEREIN , THE REVISIONARY JURISDICTION EXCERCISED UNDER SECTION 263 OF THE ACT BEEN QUASHED AND ACCORDINGLY, HELD THE APPEAL OF THE ASSESSEE TO BE INFRUCTUOUS. SINCE, THE LD. CIT(A) HAS FOLLOWED THE IT AT ORDER AND DECIDED THE APPEAL TO BE INFRUCTUOUS, WE ARE INCLINED TO UPHELD THE SAME . A CCORDINGLY, THE REVENUE APPEALS ARE DISMISSED. 5. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMISSED. ITA NO . 3976 & 3977/MUM/2019 M/S. DBS REALTY 3 ORDER PRONOUNCED ON 21/01 /202 1 BY WAY OF PROPER MENTIONING I N THE NOTICE BOARD. SD/ - ( PAVAN KUMAR GADALE ) SD/ - ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 21 / 01 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//