Assistant Commissioner of Income tax, Pune V. Bhiva Shankar Rane, Pune

ITA 518/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5521 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E BEFORE SHRI R.S. SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY, JM / ITA NOS. 518 & 519/PUN/2017 / ASSESSMENT YEARS : 2008-09 & 2009-10 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-10, PUNE. ....... / APPELLANT / V/S. BHIVA SHANKAR RANE, GAT NO.52, DEHU ALANDI ROAD, TALAWADE, PUNE-412 114 PAN : AARPR6579A / RESPONDENT REVENUE BY : SHRI PANKAJ GARG ASSESSEE BY : SHRI M.K. KULKARNI / DATE OF HEARING : 24.01.2019 / DATE OF PRONOUNCEMENT : 25.01.2019 / ORDER PER PARTHA SARATHI CHAUDHURY, JM : THESE TWO APPEALS PREFERRED BY THE REVENUE EMANATES FROM THE SEPARATE ORDERS OF THE LD. CIT(APPEALS)-6, PUNE DATED 10 .11.2016 FOR THE ASSESSMENT YEARS 2008-09 & 2009-10 AS PER GROUNDS OF APPEAL O N RECORD. THESE APPEALS WERE HEARD TOGETHER AND SINCE FACTS SIMILA R, ISSUES COMMON, THESE APPEALS ARE DISPOSED OF VIDE THIS CONSOLIDATE D ORDER. WE WOULD TAKE UP THE ITA NO.518/PUN/2017 AS LEAD CASE. 2 ITA NOS. 518 & 519/PUN/2017 A.YS.2008-09 & 2009-10 2. THE BRIEF FACTS IN THIS CASE ARE THAT THE ASSESSEE FILE D RETURN OF INCOME ON 30.09.2008 DISCLOSING TAXABLE INCOME AT RS.60,54,000/-. T HE ASSESSMENT WAS COMPLETED U/S.143(3) R.W.S.147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) DETERMINING THE TOTAL INCOME A T RS.1,20,02,498/-. THE ASSESSMENT ORDER OF THE ASSESSING OFFICER IS TREATED AS E RRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE AND THEREFORE, ORDER U/S.263 WAS PASSED BY THE LD. CIT-V DIRECTING THE ASSESSING OFFICER T O REDO THE ORDER. THEREAFTER, THE ASSESSEE PREFERRED APPEAL BEFORE THE INC OME TAX APPELLATE TRIBUNAL AGAINST THE ORDER PASSED BY THE LD. CIT-V U/S.263 OF THE ACT . 2.1 THE INCOME TAX APPELLATE TRIBUNAL, PUNE IN ITA NOS. 81 3/PN/2014 FOR THE ASSESSMENT YEAR 2008-09 DATED 12.08.2016 HAS ALLOWE D THE APPEAL OF THE ASSESSEE WHEREIN THE 263 ORDER PASSED BY THE LD. CIT- V WAS SET ASIDE AND QUASHED. THE RELEVANT PORTION OF THE TRIBUNALS ORDER IS REPRODU CED BELOW: IN THE LIGHT OF AFORESAID DISCUSSION, WE FIND THAT THE ACTION OF THE COMMISSIONER US WITHOUT AUTHORITY OF LAW AND THEREFO RE CANNOT BE SUSTAINED. IN CONSEQUENCE, THE ORDER PASSED U/S.263 FOR THE ASSESSMENT YEAR 2008-09 DATED 28/03/2014 REQUIRES TO BE SET AS IDE AND QUASHED. IN THE RESULT THE APPEAL OF THE ASSESSEE IN ITA NO. 813/PN/2014 RELATING TO A.Y.2008-09 IS ALLOWED. 3. THE LD. AR OF THE ASSESSEE VEHEMENTLY ARGUED THAT SINCE THE ORDER U/S.263 OF THE ACT BASED ON WHICH THE CONSEQUENTIAL ASS ESSMENT ORDER WAS PASSED, WAS ITSELF QUASHED, THEREFORE, THE CONSEQUENTIAL ASS ESSMENT ORDER WAS ALSO LIABLE TO BE QUASHED AND THE ADDITIONS WERE DELET ED AS PER THE ORDER OF THE LD. CIT(APPEALS). 4. THE LD. DR FAIRLY CONCEDED TO THESE FACTS. 5. WE HAVE PERUSED THE CASE RECORDS AND ANALYZED TH E FACTS AND CIRCUMSTANCES IN THIS CASE. WE FIND THAT THE ADDITIONS MADE IN THE 3 ITA NOS. 518 & 519/PUN/2017 A.YS.2008-09 & 2009-10 ASSESSMENT ORDER WAS IN CONSEQUENCE TO THE 263 ORDER PASSED BY THE LD. CIT(APPEALS)-V, PUNE. THAT ON APPEAL BEFORE THE INCOME TA X APPELLATE TRIBUNAL, PUNE, THE 263 ORDER OF THE LD. CIT-V, PUNE WAS QUASHED. IN SUCH SCENARIO, THE CONSEQUENTIAL ASSESSMENT ORDER ALSO CANNO T SUSTAIN. THEREFORE, THE LD. CIT(APPEALS) HAS RIGHTLY DELETED THE ADDITIONS. WE D O NOT FIND ANY INFIRMITY IN THE FINDINGS OF THE LD. CIT(APPEALS) AND RELIEF PROVID ED TO THE ASSESSEE, IS THEREFORE, SUSTAINED. HENCE, GROUNDS RAISED B Y THE REVENUE ARE DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IN ITA NO.518/PUN /2017 IS DISMISSED. 7. IN OTHER APPEAL IN ITA NO. 519/PUN/2017 FILED BY THE REVENUE, THE FACTS AND CIRCUMSTANCES OF THE CASE ARE IDENTICAL EXCEPT THE AMOUNTS. SINCE ALL OTHER FACTS, ARGUMENTS OF THE PARTIES ARE SAME AND S IMILAR, THE SAME RULING AS IN ITA NO.518/PUN/2017 SHALL APPLY. THEREFORE, FOR THIS CASE ALSO, WE DO NOT FIND ANY INFIRMITY IN THE FINDINGS OF THE LD. CIT(A PPEALS) AND RELIEF PROVIDED TO THE ASSESSEE, IS THEREFORE, SUSTAINED. HENCE, G ROUNDS RAISED BY THE REVENUE ARE DISMISSED. 8. IN COMBINED RESULT, APPEALS OF THE REVENUE FOR ASSESSM ENT YEARS 2008- 09 & 2009-10 ARE DISMISSED. ORDER PRONOUNCED ON 25 TH DAY OF JANUARY, 2019. SD/- SD/- R.S. SYAL PAR THA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 25 TH JANUARY, 2019. SB 4 ITA NOS. 518 & 519/PUN/2017 A.YS.2008-09 & 2009-10 !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT (APPEALS)-6, PUNE. 4. THE PR. CIT-5, PUNE. 5. '#$ %%&' , ( &' , )*+ , / DR, ITAT, B BENCH, PUNE. 6. $,- ./ / GUARD FILE. // TRUE COPY // (0 / BY ORDER, %1 &+ / PRIVATE SECRETARY ( &' , / ITAT, PUNE. 5 ITA NOS. 518 & 519/PUN/2017 A.YS.2008-09 & 2009-10 DATE 1 DRAFT DICTATED ON 24 .01.2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 25 .01 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER