M/s. R.R.Dhodapkar & Sons, V. ACIT, Cir. 2,

ITA 441/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3037 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 17-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S SINGH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO. 441/PN/2009 (ASSTT. YEAR : 2004-05) M/S. R.R.DHODAPKAR & SONS, GULAB BUILDING, OPP. VIJAY MAMTA THEATER, NASIK-PUNE ROAD, SHIVAJI NAGAR, NASHIK 422006 PAN : AACFR9419G .. APPELLANT V. ACIT, CIR -2, NASHIK . RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI A. S. SINGH ORDER PER SHAILENDRA KUMAR YADAV JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT-I, NASHIK WHEREIN ORDER OF CIT U/S. 263 HAS BEE N OPPOSED. 2. THE ASSESSEE HAS FILED A NOTE DATED 22.7.2010 ST ATING THAT THE MAIN POINTS RAISED ON BEHALF OF THE ASSESSEE IN TH E ABOVE MENTIONED APPEAL IS THAT CIT-I, NASHIK WAS NOT JUSTIFIED IN T AKING ACTION U/S. 263 OF THE I.T. ACT 1961, WHEN THE ORDER OF THE A.O WAS N EITHER ERRONEOUS NOR PREJUDICIAL TO THE INTEREST OF REVENUE. ACCORDING TO ASSESSEE, A.O HAS PASSED THE ORDER AFTER DUE ENQUIRY AND DELIBERATION S. ACCORDINGLY, ORDER OF CIT WAS REQUESTED TO BE CANCELLED. 3. WITHOUT PREJUDICE TO THE ABOVE, OUR ATTENTION WA S DRAWN TOWARDS PARA 4 OF A.OS ORDER PASSED U/S. 143, READ WITH SE CTION 263 OF THE ACT, INTER ALLIA, A.O HAS OBSERVED AS UNDER : ITA NO441/PN/2009 R.R. DHODAPKAR & SONS A.Y.2004-05 PAGE OF 2 2 IN VIEW OF ABOVE DISCUSSION AND THE SUBMISSION KEPT ON RECORD NO ADVERSE INFERENCE IS DRAWN AGAINST THE ASSESSED INC OME OF THE ASSESSEE VIDE ORDER U/S. 143 OF THE ACT, DATED 19/0 9/2006. ASSESSED INCOME OF THE ASSESSEE IS COMPUTED A BELOW . ASSESSED INCOME AS PER ORDER U/S 143(3) DATED 19/09/2006 RS 5022510 ASSESSED INCOME RS 5022510 4. THUS, EVEN AFTER ORDER U/S. 263, ASSESSED INCOME REMAINED SAME I.E. RS.50,22,510/-. SO PRACTICALLY THIS APPEAL GOE S ACADEMIC. WITHOUT PREJUDICE TO ABOVE, WE FIND THAT ORDER OF CIT-I, NA SHIK IS NEITHER ERRONEOUS NOR PREJUDICIAL TO THE INTEREST OF THE RE VENUE INVOKING PROVISION OF SEC. 263. THE SAME DESERVES TO BE QUA SHED AND, ACCORDINGLY, THE ORDER U/S. 263 IS QUASHED. 5. AS A RESULT, APPEAL IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 23RD DECEMBER 2010. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER PUNE, DATED THE 23RD DECEMBER , 2010 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT I NASHIK 4. THE D.R. B BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE