Om Forging & Engineering Private Limited, Kolkata V. I.T.O.,Ward-3(3), Kolkata

ITA 401/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6183 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 21-09-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 04-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Assessee Lawyers: A K TIBREWAL
• Keywords: Revision of order
• Section: 143(3); 13; 147; 263

Judgement Text

1 ITA NOS. 400 & 401/KOL/2019 OM FORGING & ENGINEERING PVT. LTD., AYS 2010-11 & 2011-12 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA ( ) BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VARKEY, JM] I.T.A. NO. 400 & 401/KOL/2019 ASSESSMENT YEARS: 2010-11 & 2011-12 OM FORGING & ENGINEERING PVT. LTD. (PAN: AAACO 3336 L) VS. ITO, WARD-3(3), KOLKATA APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 21.09.2020 DATE OF PRONOUNCEMENT 24.09.2020 FOR THE APPELLANT SHRI A. K. TIBREWAL, FCA FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT ORDER PER SHRI A.T.VARKEY, JM BOTH THESE APPEALS ARE PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-12, KOLKATA DATED 10.01.2019 FOR A YS. 2010-11 & 2011-12. 2. THE GROUNDS OF APPEAL FOR BOTH THE ASSESSMENT YEARS ARE AS UNDER: 1. THAT ON THE FACTS OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-12, KOLKATA ERRED IN DISMISSING THE APPEAL OF THE ASSESSEE ALTHOUGH THE IMPUGNED ASSESSMENT ORDER WAS PASSED IN CONSEQUENCE TO THE ORDER DATED 13 TH FEBRUARY, 2017 PASSED U/S 263 OF THE ACT WHICH WAS QUASHED BY HONBLE TRIBUNAL VIDE ITA NOS. 509 & 510/KOL/2017 DATED 13 TH DECEMBER, 2017. 2. THAT, ON THE FACTS STATED IN THE AFORESAID GROUND, THE LD. COMMISSIONER OF INCOME (APPEALS)-12, KOLKATA SHOULD HAVE QUASHED THE IMPUGNED ASSESSMENT ORDER DATED 14 TH DECEMBER,2017 PASSED U/S 143(3) / 147 R.W.S. 263 OF THE INCOME TAX ACT, 1961. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE, SHRI A. K. TIBREWAL, FCA, BROUGHT TO OUR NOTICE THAT THE IMPUGNED ORDER OF LD CIT(A) STEMS FROM THE ASSESSING OFFICERS RE- ASSESSMENT ORDER DATED 14.12.2017 FOR A.Y. 2010-11 AND 2011-12 ; RESPECTIVELY, WHICH WAS PASSED CONSEQUENT TO THE ORDER PASSED BY THE LD. PRINCIPAL CIT U/S 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) DATED 13.2.2017 FOR BOTH THE YEARS. IT WAS 2 ITA NOS. 400 & 401/KOL/2019 OM FORGING & ENGINEERING PVT. LTD., AYS 2010-11 & 2011-12 BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAD CHALLENGED THE ORDER OF THE PCIT PASSED U/S 263 OF THE ACT DATED 13.2.2017 BEFORE THIS TRIBUNAL VIDE ITA NOS. 509 & 510/KOL/2017 FOR A.YS. 2010-11 & 2011-12 RESPECTIVELY AND THE TRIBUNAL B BENCH VIDE ORDER DATED 13.12.2017 AFTER HEARING THE LD. CIT D.R WAS PLEASED TO QUASH THE ORDER OF PRINCIPAL CIT PASSED U/S 263 OF THE ACT AND DREW OUR ATTENTION TO THE ORDER OF THE TRIBUNAL IN THE CASE OF THE ASSESSEE DATED 13.12.2017. THEREFORE, ACCORDING TO THE LD. A.R ALL THE CONSEQUENT ACTIONS TAKEN BY THE ASSESSING OFFICER/ LD. CIT(A) IS NULL IN THE EYES OF LAW. THE LD. D.R COULD NOT CONTROVERT THIS FACTUAL ASSERTION OF THE LD. A.R THAT SINCE THE TRIBUNAL HAS QUASHED THE LD. PRINCIPAL CITS ORDER U/S 263 DATED 13.2.2017 AND THEREFORE, THE CONSEQUENT ACTION OF THE ASSESSING OFFICER / LD. CIT(A) ARE NULL IN THE EYES OF LAW. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIALS ON RECORD. WE NOTE THAT THE AFORESAID FACTUAL ASSERTION MADE BY THE LD. A.R COULD NOT BE CONTROVERTED BY THE ASSESSING OFFICER. SINCE THE ASSESSING OFFICERS RE-ASSESSMENT ORDER DATED 14.12.2017 WAS THE FALL OUT/GIVING EFFECT TO THE ORDER OF PCITS REVISTIONAL ORDER DATED 13.02.2017 PASSED U/S 263 OF THE ACT, WHICH HAS BEEN QUASHED BY THE TRIBUNAL VIDE ORDER DATED 13.12.2017, THEREFORE, THE ASSESSING OFFICERS ORDER PASSED U/S 143(3) READ WITH SECTION 263 OF THE ACT IS NON-EST AND NULL IN THE EYES OF LAW. THEREFORE, WE HOLD THAT THE IMPUGNED ORDER OF THE LD. CIT(A) IS NULL IN THE EYES OF LAW AND SO IS CANCELLED. 5. IN THE RESULT, BOTH THE APPEALS OF ASSESSEE ARE ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 24TH SEPTEMBER, 2020. SD/- SD/- (J. SUDHAKAR REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 SEPTEMBER, 2020 SB, SR. PS 3 ITA NOS. 400 & 401/KOL/2019 OM FORGING & ENGINEERING PVT. LTD., AYS 2010-11 & 2011-12 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT OM FORGING & ENGINEERING PVT. LTD. 28, STRAND ROAD, KOLKATA-700001 2 RESPONDENT ITO, WARD-3(3), KOLKATA 3. THE CIT(A) 21, KOLKATA (SENT THROUGH E-MAIL) 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR