M/s Jawand Sons, Ludhiana V. ACIT, Ludhiana

ITA 52/CHANDI/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 73590 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-03-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 16-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J S NAGAR
• Keywords: Revision of order
• Section: 143(3); 80IB; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SHRI T.R. SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO. 52/CHD/2012 ASSESSMENT YEAR: 2003-04 M/S JAWAND SONS, VS. THE ACIT, LUDHIANA CIRCLE VI, LUDHIANA PAN NO. AABFJ8887H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUDHIR SEHGAL RESPONDENT BY : SHRI J.S. NAGAR DATE OF HEARING : 10.03.2014 DATE OF PRONOUNCEMENT : 20.03.2014 ORDER PER T.R.SOOD, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 14.11.2011OF CIT (APPEALS)-II, LUDHIANA. 2. IN THIS APPEAL THE ASSESSEE HAS RAISED THE FOLLO WING GROUNDS:- 1. THAT THE WORTHY CIT(A)-II LUDHIANA HAS ERRED IN DISMISSING THE APPEAL AND CONFIRMING THE ORDER OF A SSESSING OFFICER. 2. THAT THE WORTHY CIT(A) HAS ERRED IN NOT CONSIDER ING THE ASSESSMENT ORDER U/S 143(3) / 263 DATED 29.12.2 010 PASSED BY ASSESSING OFFICER IS BAD IN LAW AND AGAIN ST THE FACTS OF THE CASE. 2 3. THAT THE WORTHY CIT(A) HAS ERRED IN NOT CONSIDE RING THAT AS PER REASONS RECORDED FOR REASSESSMENT U/S 1 47, THE ISSUE OF APPLICABILITY OF SECTION 80IB R. W. SECTIO N 80IA(9) STANDS FINALIZED VIDE ORIGINAL ASSESSMENT ORDER DAT ED 20.12.2005. 4 THAT THE WORTHY CIT(A) HAS ERRED IN UPHOLDING THE ACTION OF THE ASSESSING OFFICER REDUCING THE DEDUCT ION U/S 80-HHC BY RS. 14,74,815/- ON ACCOUNT OF PROVISIONS OF SECTION 80-IB (13) R.W.S. 80 IA(A). 3. BOTH THE PARTIES WERE HEARD. 4. AFTER HEARING BOTH THE PARTIES, WE FIND THAT ASS ESSMENT IN THIS CASE WAS MADE IN PURSUANCE OF THE ORDER PASSED U/S 263 OF TH E ACT BUT AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESSEE THE ORDER PASSED U /S 263 HAS ALREADY BEEN QUASHED BY THE TRIBUNAL IN ITA NOS. 664 & 665/CHD/2 010 IN ASSESSEES OWN CASE VIDE ORDER DATED 13.7.2012, THEREFORE, THIS AS SESSMENT IS NOT LEGALLY VALID IN THE EYES OF LAW. ACCORDINGLY, WE QUASH THIS ASS ESSMENT AND ALLOW THE APPEAL OF THE ASSESSEE. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20.03.20 14 SD/- SD/- (SUSHMA CHOWLA) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMER DATED : 20 TH MARCH, 2014 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3 4