Income-Tax Officer, Ward -2, Pandharpur V. Shri. Somesh Nagnath Kshirsagar, Solapur

ITA 483/PUN/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1476 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 29-07-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order; Set aside
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA Nos.482 to 484/PUN/2020 निर्धारण वषा / Assessment Years : 2010-11 to 2012-13 ITO, Ward-2, Pandharpur Vs. Somesh Nagnath Kshirsagar Plot No.658, Kshirsagar Niwas, Pune Road, A/P-Mohol, Solapur – 413213 PAN: AMJPK7597H Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : These three appeals by the Revenue arise out of a common order passed by the CIT(A) on 18-02-2020 for the assessment years 2010-11 to 2012-13. 2. There is a delay of 79 days in presenting the appeals before the Tribunal. The ld. DR requested for condonation of delay. The Hon‟ble Supreme Court in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC) read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC) dated 08-03-2021 and 421 ITR 314 has taken a suo motu cognizance of the situation Assessee by Shri Pratik B. Sandhbhor Revenue by Shri M.G. Jasnani Date of hearing 26-08-2022 Date of pronouncement 29-08-2022 ITA Nos.482 to 484/PUN/2020 Somesh Nagnath Kshirsagar 2 arising out of the challenges faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country and accordingly extended the time limit for filing of appeals. In view of this position, we condone the delay in filing the instant appeals and admit the same for disposal on merits. 3. Briefly, the facts of the case are that the assessments for these three years were completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). Thereafter, the CIT invoked the jurisdiction u/s 263 by declaring the assessment orders to be an erroneous and prejudicial to the interest of Revenue. The Assessing Officer (AO) made certain additions in the instant proceedings u/s 143(3) r.w.s. 263. The CIT(A) quashed the assessments on the ground that the order passed by the CIT u/s 263 for all the three years was reversed by the Tribunal. Aggrieved thereby, the Revenue has come up in appeal before the Tribunal. 4. Having regard to the facts and circumstances of all the three years under consideration, it is seen that the foundation for the instant assessment proceedings lies in the order passed by the ld. CIT u/s 263. The Tribunal, vide its order dated 12.02.2020, has ITA Nos.482 to 484/PUN/2020 Somesh Nagnath Kshirsagar 3 set aside and quashed the order passed u/s 263. Since the bedrock for the extant assessment proceedings, being, the order u/s 263 has been quashed, all the subsequent proceedings arising from such order are also liable to meet the same fate. We, therefore, approve the view taken by the CIT(A) in quashing the consequential assessments made by the AO. 5. In the result, all the three appeals stands dismissed. Order pronounced in the Open Court on 29 th August, 2022. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; ददिधांक Dated : 29 th August, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-7, Pune 4. 5. The Pr.CIT-6, Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA Nos.482 to 484/PUN/2020 Somesh Nagnath Kshirsagar 4 Date 1. Draft dictated on 26-08-2022 Sr.PS 2. Draft placed before author 29-08-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *