ACIT, New Delhi V. Sh. Mukund Vedavyas Achar, Maharashtra

ITA 4153/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91369 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 09-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 05-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Assessee Lawyers: PRANAV BHASKAR
• Keywords: Assessment record

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI A.T. VARKEY, JM ITA NO.4153/DEL/2013 ASSESSMENT YEAR : 2009-10 ACIT, CIRCLE 42(1), NEW DELHI. VS. MUKUND VEDAVYAS ACHAR, FLAT NO.110, TIVOLI COURT, 1A &C, BALLYGUNJ CIRCULAR ROAD, KOLKATA. PAN : ABZPA3087F CO NO.146/DEL/2014 (ITA NO.4153/DEL/2013) ASSESSMENT YEAR : 2009-10 MUKUND VEDAVYAS ACHAR, FLAT NO.110, TIVOLI COURT, 1A&C, BALLYGUNJ CIRCULAR ROAD, KOLKATA. PAN : ABZPA3087F VS. ACIT, CIRCLE 42(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PRANAV BHASKAR, ADVOCATE DEPARTMENT BY : SHRI P. DAM KANUNJNA, SR. DR DATE OF HEARING : 09.07.2015 DATE OF PRONOUNCEMENT : 10.07.2015 ITA NO.4153/DEL/2013 CO NO.146/DEL/2014 2 ORDER PER R.S. SYAL, AM: THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF THE ORDER PASSED BY THE CIT(A ) ON 2.4.2013 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. THE REVENUE IS AGGRIEVED AGAINST CERTAIN DELETIO NS OF ADDITIONS OR RELIEFS ALLOWED BY THE LD. CIT(A). THE ASSESSEE IN ITS CROSS OBJECTION IS AGGRIEVED AGAINST NO DECISION RENDERED BY THE LD. C IT(A) ON THE ISSUE OF TIME BARING INITIATION OF ASSESSMENT. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT CAN BE SEEN FROM FORM NO.35 THAT THE ASSESSEE RAISED GROUND NO.8 BEFORE THE LD. CIT(A), READING AS UNDER:- 8. ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED ASST. COMMISSIONER OF INCOME TAX H AS ERRED IN COMPLETION OF THE ASSESSMENT AS THE NOTICE U/S 143(2) WAS SERVED AFTER THE STATUTORY TIME LIMIT. 4. IT IS MANIFEST FROM THE IMPUGNED ORDER THAT THER E IS NO DECISION RENDERED BY THE LD. CIT(A) ON THIS GROUND. SINCE T HE EDIFICE OF THE ASSESSMENT STANDS ON THE JURISDICTION OF THE AO IN INITIATING THE ITA NO.4153/DEL/2013 CO NO.146/DEL/2014 3 ASSESSMENT IN TIME, WE HOLD THAT THIS ISSUE OUGHT T O HAVE BEEN THRASHED AT LOWER LEVEL. ON THE MERITS OF THIS GROUND, WE FI ND THAT THERE IS NO REFERENCE IN THE ASSESSMENT ORDER TO DATE OF NOTICE ISSUED U/S 143(2), WHICH THE ASSESSEE IS ASSAILING. AS SUCH, WE ARE U NABLE TO ADJUDICATE ON THE QUESTION OF VALIDITY OF INITIATION OF THE ASSES SMENT. UNDER SUCH CIRCUMSTANCES, WE ARE OF THE CONSIDERED OPINION THA T THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF AO FOR DECIDING THE QUES TION OF LIMITATION AFTER CONSULTING THE ASSESSMENT RECORD. THE OTHER ISSUES RAISED BY THE REVENUE IN ITS APPEAL MAY ALSO BE CONSIDERED BY THE AO IN SUCH A FRESH ROUND. 5. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 10.07.201 5. SD/- SD/- [A.T. VARKEY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 10 TH JULY, 2015. DK ITA NO.4153/DEL/2013 CO NO.146/DEL/2014 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.