Hyundai Heavy Industries Co. Ltd., Dehradun V. ADIT, Dehradun

ITA 5229/DEL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3698 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 25-05-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 24-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHWANI MAHAJAN
• Assessee Lawyers: CHARU KAPOOR; S D KAPILA R R MOURYA
• Keywords: Application of stay
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA, VICE PRESIDENT AND SHRI I.P. BANSAL, JUDICIAL MEMBER ITA NOS.5229 & 5230/DEL/2010 ASSESSMENT YEARS : 2005-06 & 2006-07 STAY APPLICATION NOS.94 & 91/DEL/2010 (IN ITA NOS.5229 & 5230/DEL/2010) ASSESSMENT YEARS : 2005-06 & 2006-07 HYUNDAI HEAVY INDUSTRIES CO. LTD., C/O HEMANT ARORA & CO., 1, TYAGI ROAD, DEHRADUN. PAN : AAACH5727Q VS. ADIT, INTERNATIONAL TAXATION, DEHRADUN. (APPELLANT) (RESPONDENT) ASSESSEE BY : S/SHRI S.D. KAPILA, R.R. MOURYA & MS CHARU KAPOOR. REVENUE BY : MS ASHWANI MAHAJAN, DR ORDER PER I.P. BANSAL, JUDICIAL MEMBER THE STAY APPLICATIONS AS WELL AS THE APPEALS BOTH WERE HEARD TOGETHER AND, FOR THE SAKE OF CONVENIENCE, THE CAPTI ONED STAY APPLICATIONS AS WELL AS THE CAPTIONED APPEALS ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER. 2. THE IMPUGNED ASSESSMENTS IN THE PRESENT CASE ARE THE OR DERS PASSED BY THE ASSESSING OFFICER FOR ASSESSMENT YEARS 2005-06 A ND 2006-07 PASSED U/S 143(3)/263/144C(13) OF THE INCOME-T AX ACT, 1961. EARLIER THE ASSESSMENTS WERE COMPLETED U/S 143(3) VIDE OR DER DATED ITA NOS.5229 & 5230/DEL/2010 STAY APPLN. NOS.94 & 91/DEL/2010 2 9 TH MARCH, 2007 FOR ASSESSMENT YEAR 2005-06 AND ON 5 TH OCTOBER, 2007 FOR ASSESSMENT YEAR 2006-07. BOTH THESE ASSESSMENTS WERE SUBJE CT TO REVISION PROCEEDINGS U/S 263 AND THE ASSESSEE HAD FILED AP PEALS AGAINST ORDERS PASSED BY DIRECTOR OF INCOME-TAX (INTERN ATIONAL TAXATION-II), NEW DELHI FOR THESE TWO YEARS U/S 263. THOSE APPEALS HAVE BEEN DECIDED BY THE TRIBUNAL VIDE ITS ORDER DAT ED 31 ST MAY, 2011. COPY OF THE SAID ORDER HAS BEEN PLACED ON OUR RECORD. IN THE SAID ORDER, THE ORDER PASSED U/S 263 FOR BOTH THE YEARS HAS B EEN QUASHED. CONSEQUENTLY, THE IMPUGNED ASSESSMENTS WHICH HAVE BEEN PA SSED IN PURSUANCE OF ORDER U/S 263 HAVE NO LEGS TO STAND AND, T HEREFORE, THEY ARE ALSO REQUIRED TO BE QUASHED. ACCORDINGLY, BOTH T HESE IMPUGNED ASSESSMENTS ARE QUASHED BEING CONSEQUENTIAL TO THE AFOREME NTIONED ORDER OF THE TRIBUNAL DATED 31 ST MAY, 2011 IN ITA NOS.2086 & 2087/DEL/2009. PARA NO.119 OF THE SAID ORDER IS BEIN G REPRODUCED BELOW FOR THE SAKE OF CONVENIENCE:- 119. THEREFORE, ON BOTH THE GROUNDS THE ASSESSMENT ORD ERS PASSED BY THE ASSESSING OFFICER IS NEITHER ERRONEOUS NOR PREJUDICIAL TO THE INTEREST OF REVENUE. THE POWERS U/S 263 HAVE BEEN INVOKED WITHOUT JURISDICTION AS THE NECESSARY INGR EDIENTS TO INVOKE THE SAME ARE ABSENT. THEREFORE, WE QUASH THE IMPUGNED ORDERS PASSED BY LD. DIT IN RESPECT OF BOTH THE YEARS UNDER CONSIDERATION AND THE APPEALS FILED BY THE ASSES SEE ARE ALLOWED IN THE MANNER AFORESAID. 3. CONSEQUENTLY, THE APPEALS FILED BY THE ASSESSEE FOR BO TH THE YEARS ARE ALLOWED. 4. SO AS IT RELATES TO THE STAY APPLICATIONS, AS THE APP EALS FILED BY THE ASSESSEE HAVE BEEN DISPOSED OF AND ALLOWED, THERE WIL L BE NO DEMAND AND, THEREFORE, THESE STAY APPLICATIONS HAVE BE COME INFRUCTUOUS AND THEY ARE DISMISSED. ITA NOS.5229 & 5230/DEL/2010 STAY APPLN. NOS.94 & 91/DEL/2010 3 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE A LLOWED IN THE MANNER AFORESAID AND THE STAY APPLICATIONS FILED BY TH E ASSESSEE ARE DISMISSED HAVING BECOME INFRUCTUOUS. THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 01.07 .2011. [G.E. VEERABHADRAPPA] [I.P. BANSAL] VICE PRESIDENT JUDICIAL MEMBER DATED, 01.07.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES ITA NOS.5229 & 5230/DEL/2010 STAY APPLN. NOS.94 & 91/DEL/2010 4 DATE OF DICTATION 01.07.2011 DATE OF PRESENTATION OF THE DRAFT ORDER TO THE MEMBER 01.07.2011 DATE OF RETURN FROM THE BENCH AFTER PRONOUNCEMENT &SIGNING 06.07.2011 DATE OF DISPATCH OF THE ORDER TO THE BENCH 06.07.2011