ITO 18(1)(4), MUMBAI V. GAMMON RIZZANI JOINT VENTURE, MUMBAI

ITA 4663/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9255 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 17-12-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 09-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRITAM SINGH
• Assessee Lawyers: VINOD MODY
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJENDRA SINGH , ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 4663/MUM/2011 (ASSESSMENT YEAR: 2003-04) THE ITO -18(1)(4), ROOM NO. 108, 1 ST FLOOR, PIRAMAL CHAMBER, LALBAUG, MUMBAI -400 020 VS M/S. GAMMON RIZZANI JOINT VENTURE, GAMMON HOUSE V.S. ROAD, MUMBAI -400 025 PAN: AABCG 4141 J (APPELLANT) (RESPONDENT) APPELLANT BY : MR. PRITAM SINGH RESPONDENT BY : MR. VINOD MODY DATE OF HEARING :17-12-2012 DATE OF PRONOUNCEMENT :17-12-2012 O R D E R PER VIVEK VARMA, JM: THE INSTANT APPEAL IS BEING FILED BY THE DEPARTMENT AGAINST THE ORDER OF CIT(A) 29, MUMBAI, DATED 31.03.2011. 2. THIS APPEAL IS IN PURSUANCE OF PROCEEDINGS U/S 263 OF THE INCOME-TAX ACT, 1961 WHEREIN CIT HAD CANCELLED ASSESSMENT MADE U/S 143(3) AND DIRECTED THE AO TO FRAME THE ASSESSMENT AFRE SH. IN PURSUANCE OF SUCH DIRECTIONS, THE FRESH ASSESSMENT WAS FR AMED BY THE AO, WHEREIN, THE ASSESSEE FILED ITS APPEAL BEFORE THE CIT(A) A ND SOME OF THE GROUNDS TAKEN WERE ALLOWED. AGAINST THOSE GROUND S, THE DEPARTMENT IS IN INSTANT APPEAL. 3. AT THE TIME OF HEARING BEFORE US, THE AR OF THE ASSES SEE POINTED OUT THAT THE ASSESSEE HAD FILED APPEAL AGAINST THE INITIATIO N PROCEEDINGS U/S 263 OF THE INCOME-TAX ACT. IN THIS APP EAL, THE ITAT M/S. GAMMON RIZZANI JOINT VENTUR E ITA NO. 4663/MUM/2011 2 MUMBAI BENCHES VIDE ITA NO. 3410/MUM/2008, THE COORDINAT E BENCH MUMBAI CANCELLED THE PROCEEDINGS U/S 263. 4. AS A CONSEQUENCE OF THE CANCELLATION OF 263 PROCEEDIN GS AGAINST THE ORIGINAL ASSESSMENT ORDER U/S 143(3) DATED 31.03.2006, THESE CONSEQUENTIAL PROCEEDINGS BECOMES VOID, AS A RESULT THER EOF, THE INSTANT APPEAL IS INFRUCTUOUS AND HENCE DISMISSED. 5. IN THE RESULT, APPEAL BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH DECEMBER, 2012. SD/- SD/- (RAJENDRA SINGH) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI : 17 TH DECEMBER, 2012 COPY TO: 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT (A)-29, MUMBAI. 4) THE CIT 18, MUMBAI 5) THE DR, G BENCH MUMBAI 6) COPY TO GUARD FILE BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI *CHAVAN