DCIT-1(1), MUMBAI V. M/S AMAZIA DEVELOPERS PVT. LTD., MUMBAI

ITA 5225/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1442 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 08-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3); 263

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI PAVANKUMAR GADALE ( JM) I.T.A. NO. 5225/MUM/2019 (ASSESSMENT YEAR 2012-13) DCIT-1(1)(1) ROOM NO. 579 5 TH FLOOR AAYAKAR BHAVAN M.K. ROAD CHURCHGATE MUMBAI-400 020. VS. M/S. AMAZIA DEVELOPERS PRIVATE LIMITED 108, G-WING, AKRUTI COMMERCIAL COMPLEX NEXT TO AKRUTI CENTRE POINT, CENTRAL ROAD ANDHERI EAST MUMBAI-400 093. PAN : AAHCA6934H (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI ANUJ KISHNADWALA DEPARTMENT BY SHRI BRAJENDRA KUMAR DATE OF HEARING 09.02.2021 DATE OF PRONOUNCEMENT 10.02.2021 O R D E R PER SHAMIM YAHYA (AM) :- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A) DATED 30.5.2019 AND PERTAINS TO ASSESSMENT YEAR 2012-13. 2. GROUNDS OF APPEAL READ AS UNDER :- 1. 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE ID. CIT(A) SHOULD HAVE KEPT THE MATTER IN ABEYANCE AS THE DEPARTMENT HAS NOT ACCEPTED THE ORDER OF HON'BLE ITAT QUASHING THE O RDER UNDER SEC. 263'. 2. 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE ID. CIT(A) MAY BE DIRECTED TO ADJUDICATE ON MERITS IF THE HON'BLE HIGH COURTS UPHOLDS THE ORDER UNDER SEC. 263 AND HENCE THE APPEAL BE RESTORED'. 3. LEARNED CIT(A) IN THIS CASE HAS PASSED FOLLOWING ORDER :- I FIND THAT THE ORDER UNDER APPEAL IS THE ORDER DATED 31.8.2017 PASSED BY THE AO TO GIVE EFFECT TO THE DIRECTIONS CONTAINED IN THE ORDER U/S.263 DATED 27.3.2017 PASSED BY THE C.I.T.-1, MUMBAI. SINCE THE ORDER U/S.263 HAS BEEN HELD TO BE INVALID BY THE ITAT ORDER IN ITA NO.2499/ MUM/2017 DATED M/S. AMAZIA DEVELOPERS PVT. LTD. 2 8/5/2019, THE ORDER DATED 31.08.2017 PASSED BY THE AS SESSING OFFICER U/S. 143 R.W.S. 263 CANNOT SURVIVE. ACCORDINGLY, THE SAID ORDER U/S. 143(3) R.W.S. 263 DATED 31.8.2017 IS HEREBY QUASHED. 4. AGAINST THIS ORDER THE REVENUE IS IN APPEAL BEFO RE US. 5. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. WE FIND THAT LEARNED CIT(A) HAS TAKEN CORRECT THIS VIEW OF THE M ATTER. THERE IS NO SUBSTANCE WHATSOEVER IN THE REVENUES APPEAL. ONCE THE ITAT H AS QUASHED THE LEARNED CIT(A)S ORDER U/S. 263 OF THE ACT. CONSEQUENT ORDE R PURSUANT TO SECTION 263 HAVE NO LEGS TO STAND BEFORE THE ITAT. HENCE, WE AF FIRM THE ORDER OF LEARNED CIT(A). 6. LEARNED DEPARTMENTAL REPRESENTATIVE HAS CONTENDE D THAT IT MAY BE RECORDED THAT IF HON'BLE HIGH COURT REVERSED THE IT AT ORDER, THE REVENUE RIGHT SHOULD BE PROTECTED. WE FIND THAT IF HON'BLE HIGH C OURT REVERSES THE ITAT ORDER, THE REVENUE IS FREE TO TAKE THE APPROPRIATE ACTION. NO SPECIFIC ORDER BY US IS REQUIRED IN THIS REGARD AT THIS STAGE. 7. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED UNDER RULE 34(4) OF THE ITAT RULE S BY PLACING THE RESULT ON NOTICE BOARD ON 10.2.2021. SD/- SD/- (PAVANKUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 10/02/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI M/S. AMAZIA DEVELOPERS PVT. LTD. 3 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT, MUMBAI