DCIT, CIR-I, KOLKATA, Kolkata V. M/s Hooghly Mills Projects Ltd., Kolkata

ITA 422/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9595 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 11-03-2014
• Court: TRIBUNAL
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SRI ABY T.VARKEY, JM & DR.A.L.SAI NI, AM] I.T.A NO. 422/KOL/201 4 ASSESSMENT YEAR : 2006-0 7 D.C.I.T. CIRCLE-1, -VS.- M/S. HOOGHLY MI LLS PROJECTS .LTD. KOLKATA KOLKATA [PAN : AAACH 7668 G] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI RAJAT KUMAR K UREEL, JCIT, SR.DR FOR THE RESPONDENT : SHRI S.JHAJHARIA, AR DATE OF HEARING : 04.01.2017. DATE OF PRONOUNCEMENT : 06.01.2017. ORDER PER ABY T.VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-CENTRAL- I, KOLKATA DATED 18.12.2013 FOR A.Y 2006-07. 2. AT THE OUTSET ITSELF THE LD. COUNSEL FOR TH E ASSESSEE POINTED OUT THAT THE IMPUGNED ORDER WHICH IS BEING CHALLENGED EMANATES FROM THE O RDER OF THE AO GIVING EFFECT TO THE ORDER OF CIT-I, KOLKATA PASSED U/S 263 OF THE ACT DATED 08.03.2011. THE LD. COUNSEL SUBMITTED THAT THE ORDER OF CIT I, KOLKATA PASSED U/S 263 OF THE ACT VIDE ORDER DATED 08.03.2011 WAS SUCCESSFULLY CHALLENGED BY THE ASSES SEE BEFORE THE TRIBUNAL WHICH WAS PLEASED TO CANCEL THE 263 REVISIONAL ORDER OF CIT O N 26.10.2016 VIDE ITA NO.549/KOL/2011 FOR THE INSTANT A.Y.2006-07 WHICH I S BEFORE US. THEREFORE ACCORDING TO THE LD. COUNSEL THE ORDER OF THE AO WHICH CULMIN ATED IN THE IMPUGNED ORDER DATED 18.12.2013 IS NON-EST IN THE EYES OF LAW. THEREFORE THE REVENUES APPEAL IS INFRUCTUOUS. THE LD. DR ADMITTED THE FACT THAT THE ORDER IMPUGNE D EMANTES FROM THE CIT ORDER PASSED U/S 263 DATED 08.03.2011 WHICH HAS ALREADY B EEN CANCELLED BY THE TRIBUNAL VIDE ORDER DATED 26.10.2016. 2 ITA NO.422/KOL/2014 M/S. HOOGHLY MILLS PROJECTS LTD. A.YR.2006-07 2 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS. WE FIND THAT THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) STEMS FROM THE ASSESSMENT ORDER PASSED BY THE AO WHICH IN TURN WAS PASSED AFTER THE CIT S RE VISION ORDER U/S 263 OF THE ACT PASSED ON 08.03.2011. THEREAFTER THE ORDER OF THE C IT HAS BEEN CANCELLED BY THE TRIBUNAL VIDE ORDER DATED 26.10.2016. THEREFORE ORD ER PASSED BY THE AO AFTER THE REVISION ORDER U/S 263 PASSED BY CIT IS NON-EST IN THE EYES OF LAW AND THEREFORE THE IMPUGNED ORDER OF THE CIT (A) WHICH STEMS FROM THE ORDER OF AO WHICH IS NON-EST IN THE EYES OF LAW IS NULL. THEREFORE THE APPEAL OF TH E REVENUE BECOMES INFRUCTUOUS AND SO IS DISMISSED. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 06. 01.2017. SD/- SD/- [DR.A.L.SAINI] [ ABY T.VARKEY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 06.01.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1. M/S. HOOGHLY MILLS PROJECTS LTD., 10, CLIVE ROW, KOLKATA-700001. 2. D.C.I.T., CIRCLE-1, KOLKATA. 3. CIT(A)-CENTRAL-I, KOLKATA. 4. CIT-CENTR AL-I, KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSTT.REGISTRAR, ITAT, KOLKATA BENCHES 3 ITA NO.422/KOL/2014 M/S. HOOGHLY MILLS PROJECTS LTD. A.YR.2006-07 3