M/s. Finer Tex, Surat V. The Income tax Officer, Ward-7(1), Surat

ITA 4034/AHD/2007

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 9957 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 14-09-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 05-11-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K M MAHESH
• Assessee Lawyers: R N VEPARI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD D BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND BHAVNESH SAINI , JUDICIAL MEMBER) ITA.NO.4034/AHD/2007 [ASSTT. YEAR : 2001-2002] M/S.FINER TEX P-21, BOMBAY MARKET UMARWADA, SURAT. VS. ITO, WARD-7(1) SURAT. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R.N.VEPARI REVENUE BY : SHRI K.M. MAHESH O R D E R G.D. AGARWAL, VICE-PRESIDENT : THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-I V, SURAT DATED 10.8.2007 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER P ASSED UNDER SECTION 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING BEFORE US, IT IS STATED B Y THE LEARNED COUNSEL THAT THIS APPEAL HAD ORIGINATED FROM THE ASSESSMENT ORDE R DATED 26-12-2006 WHICH WAS PASSED BY THE AO IN PURSUANCE TO THE ORDER OF T HE CIT-III, SURAT UNDER SECTION 263. THAT THE ASSESSEE HAD FILED APPEAL AG AINST THE ORDER UNDER SECTION 263 AND THE ITAT, AHMEDABAD BENCH VIDE ORDER DATED 30.10.2009 IN ITA NO.962/AHD/2006 CANCELLED THE ORDER PASSED UNDER SE CTION 263 BY THE CIT. THAT ONCE THE ORDER UNDER SECTION 263 HAS BEEN CANC ELLED, THE ASSESSMENT ORDER PASSED PURSUANT TO ORDER UNDER SECTION 263 DOES NOT SURVIVE AND THE SAME SHOULD ALSO BE CANCELLED. COPY OF THE ORDER OF THE ITAT IS FURNISHED BEFORE US. 3. THE LEARNED DR, ON THE OTHER HAND, RELIED UPON T HE ORDERS OF THE AUTHORITIES BELOW. ITA.NO.4034/AHD/2007 -2- 4. WE HAVE CAREFULLY CONSIDERED THE ARGUMENTS OF BO TH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. THE ASSESSM ENT ORDER DATED 26.12.2006 WAS PASSED IN PURSUANCE TO THE ORDER UNDER SECTION 263 DATED 28.3.2006 OF CIT-III, SURAT. THAT THE ASSESSEE HAS FILED AN APP EAL AGAINST THE ORDER OF THE CIT PASSED UNDER SECTION 263 AND THE ITAT IN ITS OR DER DATED 30.10.2009 (SUPRA) CANCELLED THE ORDER PASSED UNDER SECTION 26 3. ONCE THE ORDER UNDER SECTION 263 IS CANCELLED, THE ASSESSMENT ORDER PASS ED IN PURSUANCE THEREOF CANNOT SURVIVE. ACCORDINGLY, THE SAME IS CANCELLED . 5. IN RESULT, THE ASSSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 14 TH SEPTEMBER, 2010. SD/- SD/- (BHAVNESH SAINI ) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 14-09-2010 COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD