SYNGENTA CROP PROTECTION P.LTD, PUNE V. DCIT 1(3), MUMBAI

ITA 440/MUM/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0598 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 22-04-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 15-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 263

Judgement Text

, E IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI . . , , ! '# $ %, & ' BEFORE SHRI B.R. BASKARAN, AM AND SHRI AMIT SHUKLA, JM . / ITA NO.6899/MUM/2013 ( / ASSESSMENT YEAR : 2007-08 ) ACIT 4(2) R.NO.642, 6 TH FLOOR, AAYAKAR BHAVAN M.K. RD. MUMBAI-400020 .. / APPELLANT V/S M/S. SHRIPATI HOLDING & FINANCE PVT. LTD., 401, 4 TH FLOOR, MEHTA MAHAL, 15 TH MADHEW ROAD, OPERA HOUSE, PUNE-411 004 .... / RESPONDENT . / PERMANENT ACCOUNT NUMBER AAACS8111R REVENUE BY : SHRI N.V. NADKARNI(DR) RESPONDENT BY : SHRI DHARMESH SHAH (AR) ! '# / DATE OF HEARING 23.04.2015 $% &' ! '# / DATE OF ORDER 23 .04.2015 $ / ORDER '# $ %, & (! / PER AMIT SHUKLA, J.M. THE AFORESAID APPEALS HAVE BEEN FILED BY THE REVENU E AGAINST ORDER DATED 12 TH SEPTEMBER 2013, PASSED BY THE LEARNED M/S. SHRIPATI HOLDING & FINANCE PVT. LTD. 2 COMMISSIONER (APPEALS)8, MUMBAI, FOR THE QUANTUM OF ASSESSMENT PASSED UNDER SECTION 143(3), READ WITH SECTION 263, FOR THE ASSESSMENT YEAR 2007-08, ON THE FOLLOWING GROUNDS 1.ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN QUASHING THE ORDER OF THE AO RELYIN G ON THE ITATS ORDER WHICH HAS BEEN CONTESTED BY THE DEPARTMENT BEFORE T HE HONBLE HIGH COURT. 2.ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE IMPUGNED ORDER OF THE LD. CIT(A) IS CONTRARY TO LAW AND CONS EQUENTLY MERITS TO BHE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED . 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMIT TED THAT THE PRESENT APPEAL IS IN RELATION TO ORDER PASSED IN PU RSUANCE OF ORDER U/S.263 BY THE CIT. THE SAID ORDER OF THE CIT HAS B EEN QUASHED BY THE TRIBUNAL IN ITA NO.2055/MUM/2012, VIDE ORDER DATED 06.02.2013, THEREFORE, THE PRESENT APPEAL HAS BEEN BECOME INFURCTU OUS. THIS PRECISELY HAS BEEN HELD BY THE LD. CIT(A). 3. ACCORDINGLY IN VIEW OF THE ADMITTED FACTS THAT THE OR DER OF CIT PASSED U/S.263 DATED 15.03.2012 HAS BEEN QUASHED BY THE TRIBUNAL, THEREFORE, THE CONSEQUENT ORDER PASSED U/S.143(3), R EAD WITH SECTION 263 HAS BECOME INFRUCTUOUS AND HENCE DESERVES TO BE QUASHED. THUS, THE FINDINGS OF THE CIT(A) WHICH READS AS UNDER: I HAVE CAREFULLY PERUSED THE ARGUMENT OF THE AR. I HAVE CAREFULLY GONE THROUGH THE ORDER OF THE HONBLE ITAT AS MENTIONED SUPRA. THE ORDER U/S.263 PASSED BY THE CIT-4, MUMBAI, HAS BEEN QUASHED BY TH E HONBLE ITAT AND DOES NOT SURVIVE AND THEREFORE THE CONSEQUENTIAL OR DER PASSED BY THE AO M/S. SHRIPATI HOLDING & FINANCE PVT. LTD. 3 U/S. 143(3) READ WITH SECTION 263 OF THE ACT DATED 04.02.2013 IS ALSO REQUIRED TO BE QUASHED. THUS, ORDER PASSED BY THE A O IS QUASHED TREATING IT TO BE BAD IN LAW. IS AFFIRMED AND GROUND RAISED BY THE REVENUE IS D ISMISSED. 4. IN THE RESULT, THE APPEALS OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD DAY OF APRIL 2015. SD/- SD/- SD/ - . . B.R. BASKARAN ACCOUNTANT MEMBER SD/ - '# $ % & AMIT SHUKLA JUDICIAL MEMBER MUMBAI, )* DATED:23 .04.2015 PATEL $% ! '( ) *)' / COPY OF THE ORDER FORWARDED TO : (1) +' / THE ASSESSEE; (2) , / THE REVENUE; (3) -'( ) / THE CIT(A); (4) -' / THE CIT, MUMBAI CITY CONCERNED; (5) )01 '2, # 2, / THE DR, ITAT, MUMBAI; (6) 14 5 / GUARD FILE. ) ' ' / TRUE COPY $% / BY ORDER 6 / 7 , / (DY./ASSTT. REGISTRAR) # 2, / ITAT, MUMBAI