Assistant Commissioner of Income-tax, V. M/s. Rudranee Infrastructure Ltd., Aurangabad

ITA 399/PUN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9397 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-02-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 10-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 43B; 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E , ! , ' # !$ , ! % BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWAS THY, JM '. / ITA NO. 399/PUN/2016 ' (' / ASSESSMENT YEAR : 2009-10 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD. ....... / APPELLANT ) / V/S. M/S. RUDRANEE INFRASTRUCTURE LTD. A-9, INDUSTRIAL CO-OP. SOCIETY, MIDC AREA, RAILWAY STATION, AURANGABAD-431 005 PAN : AADCR4568A / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI RAJEEV KUMAR, CIT / DATE OF HEARING : 06.02.2018 / DATE OF PRONOUNCEMENT : 08.02.2018 * / ORDER PER VIKAS AWASTHY, JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORD ER OF COMMISSIONER OF INCOME TAX (APPEALS)-1, AURANGABAD DATED 29.12.2015 FOR THE ASSESSMENT YEAR 2009-10. 2 ITA NO.399/PUN/2016 A.Y.2009-10 2. THE REVENUE IN APPEAL HAS ASSAILED THE FINDINGS OF COMMIS SIONER OF INCOME TAX (APPEALS) ONLY ON THE GROUND THAT THE DEP ARTMENT IS IN PROCESS OF FILING APPEAL AGAINST THE ORDER OF TRIBUNAL BASED ON WHICH COMMISSIONER OF INCOME TAX (APPEALS) HAS GRANTED RELIEF TO T HE ASSESSEE. 3. SHRI RAJEEV KUMAR REPRESENTING THE DEPARTMENT SUBM ITTED THAT COMMISSIONER OF INCOME TAX (APPEALS) HAS GRANTED RELIEF TO T HE ASSESSEE ON THE BASIS OF ORDER OF TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO. 799/PN/2014 FOR ASSESSMENT YEAR 2009-10 DATED 23.12.20 15 WHEREIN THE TRIBUNAL HAS HELD THAT INVOKING OF REVISIONAL JURISDICTION U/S. 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS TH E ACT) IN RESPECT OF ADDITIONS/DISALLOWANCES U/S. 43B AND 40(A)(IA) R.W.S.194C A RE BAD IN LAW. THE LD. DR SUBMITTED THAT THE ASSESSING OFFICER IN PROCE EDINGS U/S. 143(3) R.W.S 263 HAD MERELY GIVEN EFFECT TO THE ORDER OF C OMMISSIONER OF INCOME TAX PASSED U/S. 263 OF THE ACT. THE ORDER GIVING EFFECT TO THE ORDER U/S. 263 IS PRIOR TO THE ORDER OF TRIBUNAL IN ITA N O. 799/PN/2014(SUPRA). 4. NOTICE OF APPEAL WAS SENT TO THE ASSESSEE THROUGH R PAD. NOTICE WAS DULY SERVED AS IS EVIDENT FROM ACKNOWLEDGEMENT AVAILA BLE ON FILE. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF ASSES SEE, NOR THERE IS ANY LETTER SEEKING ADJOURNMENT ON BEHALF OF ASSESSEE. IT APPEARS THAT ASSESSEE IS NOT KEEN TO PURSUE THE MATTER IN APPEAL. TH EREFORE, WE ARE DECIDING THIS APPEAL ON THE BASIS OF SUBMISSIONS MADE BY TH E LD. DR AND MATERIAL AVAILABLE ON RECORD. 3 ITA NO.399/PUN/2016 A.Y.2009-10 5. THE TRIBUNAL IN ITA NO. 799/PN/2014 FOR ASSESSMENT Y EAR 2009- 10 HAS HELD THAT THE ADDITIONS PROPOSED BY COMMISSIONER OF INCOME TAX U/S. 40(A)(IA) AND U/S.43B ARE NOT SUSTAINABLE. ONCE, THE REVIS IONAL JURISDICTION U/S. 263 EXERCISED BY COMMISSIONER OF INCOME T AX IS HELD TO BE BAD IN LAW, THE SUBSEQUENT PROCEEDINGS ARISING THE REFROM ARE VITIATED. HENCE, THE PROCEEDINGS ARISING FROM ORDER OF COM MISSIONER OF INCOME TAX U/S.263 WOULD BE INVALID. ACCORDINGLY, PRESENT APPEAL FILED BY THE DEPARTMENT IS MIS-CONCEIVED AND IS DISMISSED AS NO T MAINTAINABLE. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THURSDAY, THE 08TH DAY OF FEBRUARY, 201 8. SD/- SD/- ( / ANIL CHATURVEDI ) ( # !$ /VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; !' / DATED : 08 TH FEBRUARY, 2018. SB * + ,-# .#( / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT (APPEALS)-1, AURANGABAD. 4. THE PR. CIT-1, AURANGABAD. 5. %&' () , * () , +,- , / DR, ITAT, A BENCH, PUNE. 6. './ 01 / GUARD FILE. // % // TRUE COPY // *2 / BY ORDER, 3 (- / PRIVATE SECRETARY * () , / ITAT, PUNE.