DCIT, New Delhi V. M/s Surya Vinayak Industries Ltd., New Delhi

ITA 5112/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 74260 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2003-2004
• Appeal Filed On: 05-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIWAS KUMAR
• Assessee Lawyers: RAJIV SAXENA
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SHRI A. D. JAIN, JUDICIAL MEMBER ITA NO. 5112/DEL/2013 (ASSESSMENT YEAR: 2003 -04) DCIT, CENTRAL CIRCLE-1, NEW DELHI VS M/S SURYA VINAYAK INDUSTRIES LTD. (AMALGAMATED COMPANY OF AMALGAMATING COMPANY M/S GLOBAL BUSINESS INDIA PVT. LTD.), 13-B, 3 RD FLOOR, NETAJI SUBHASH MARG, DARYGANJ, NEW DELHI-110002 (APPELLANT) (RESPONDENT) PAN NO. AABCG4576F ASSESSEE BY: SHRI RAJIV SAXENA REVENUE BY: SHRI B. SRINIWAS KUMAR DATE OF HEARING 27.2.2014 DATE OF PRONOUNCEMENT 28.2.2014 ORDER PER R. S. SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) ON 7.6.2003 IN RELATION TO THE ASSESSMENT YEAR 2003-04. 2. FILTERING OUT UNNECESSARY DETAILS, IT IS NOTICE S THAT THE CIT, INVOKING HIS JURISDICTION U/S 263, SET ASIDE THE A SSESSMENT ORDER PASSED BY THE A.O AND RESTORED THE MATTER TO THE FILE OF T HE A.O FOR PASSING AFRESH ORDER AS PER HIS DIRECTION. THE SAID ORDER O F THE CIT DATED 22.2.2012 CAME UP FOR THE CONSIDERATION BEFORE THE TRIBUNAL IN ITA NO. 1989/DEL/2012. THE TRIBUNAL VIDE ITS ORDER DATED 12 .12.2012 HAS SET ASIDE THE ORDER PASSED BY THE LD. CIT U/S 263. ITA NO. 5112/DEL/2013 SURYA V INAYAK INDUSTRIES LTD. 2 3. THE IMPUGNED ORDER ARISES OUT OF THE ORDER PASSED BY THE A.O U/S 143(3) R.W SEC. 263. SINCE THE VERY FOUNDATION OF THE ASSESSMENT ORDER, BEING THE ORDER U/S 263 NO MORE SURVIVES, TH ERE CANNOT BE ANY QUESTION OF VALIDATING ANY PROCEEDINGS FLOWING THER E FROM. AS SUCH THE PRESENT ASSESSMENT ORDER IS LIABLE TO BE SET ASIDE AND CONSEQUENTLY THE ORDER PASSED BY THE LD. CIT(A) ALSO BECOMES INCONSE QUENTIAL. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/02/2014. SD/- SD/- (A. D. JAIN) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28/02/2014 *SUBODH* COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(APPEALS) 5.DR: ITAT ASSISTANT REGISTRAR