M/S SHREE SHYAM SPONGE & POWER PVT LTD, RAIPUR (CG) V. THE PR. COMMISSIONER OF INCOME TAX, BHOPAL

ITA 53/BIL/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9241 (ITAT-RAIPUR)
• Duration Of Justice: 5 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 06-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K MISHRA
• Keywords: Principle of natural justice; Set aside
• Section: 143(3); 153A; 201; 13; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI PAWAN SINGH, JUDICIAL MEMBER ./ I.T.A. NOS. 52, 53, 55 TO 58/RPR/2016 ( [ [ / ASSESSMENT YEARS : 2006-07, 2007-08, 2009-10 TO 2012- 13) M/S. SHREE SHYAM SPONGE & POWER PVT. LTD. 1 ST FLOOR, MAHAMAYA TOWER, G.E. ROAD, RAIPUR (CG) PIN: 492001 / VS. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL), AAYAKAR BHAWAN, HOSHANGABAD ROAD, BHOPAL (MP) ./ ./PAN/GIR NO. : AAHCS1901N ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI VEEKAAS S. SHARMA, C.A. / RESPONDENT BY : SHRI P. K. MISHRA, CIT.DR / DATE OF HEARING 10/08/2021 / DATE OF PRONOUNCEMENT 10/08/2021 / O R D E R PER BENCH: THE CAPTIONED APPEALS DIRECTED AT THE INSTANCE OF ASSESSEE ARISE FROM THE COMMON ORDERS OF THE PR. COMMISSIONER OF INCOME TAX (CENTRAL), BHOPAL (PCIT) AGAINST DIFFERENT ASSESSMENT YEARS AS TABULATED BELOW: ITA NOS. NAME OF ASSESSEE AY P CITS ORDER DATED AOS ORDER DATED AOS ORDER UNDER SECTION 52/RPR/16 M/S. SHREE 2006-07 08.02.16 27.03.14 153A R.W.S. ITA NOS. 52, 53, 55 TO 58/RPR/2016 (M/S. SHREE SHYAM SPONGE & POWER PVT. LTD.) - 2 - SHYAM SPONGE & POWER PVT. LTD. 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) 53 / RPR /1 6 - DO - 20 07 - 08 - DO - - DO - - DO - 55 / RPR /1 6 - DO - 2009 - 10 - DO - - DO - - DO - 56 / RPR /1 6 - DO - 2010 - 11 - DO - - DO - - DO - 57 / RPR /1 6 - DO - 201 1 - 1 2 - DO - - DO - - DO - 58 / RPR /1 6 - DO - 2012 - 13 - DO - - DO - 143(3) OF THE ACT 2. WHEN THE MATTER WAS CALLED FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE POINTED OUT THAT WHILE THE CAPTIONED APPEALS HAVE BEEN PRESENTED AGAINST THE REVISIONAL ORDER OF THE COMMISSIONER CONCERNED UNDER S.263 OF THE ACT, THE ASSESSEE IS NO LONGER PREJUDICED IN VIEW OF THE SUBSEQUENT ASSESSMENT ORDER PASSED BY THE AO UNDER S.143(3) R.W.S. 263 OF THE ACT. HE CONSEQUENTLY SUBMITTED THAT IN THE LIGHT OF SUBSEQUENT EVENTS, HE DOES NOT SEEK TO PRESS THESE INFRUCTUOUS APPEALS FOR DISPOSAL ON MERITS. 3. THE WRITTEN COMMUNICATION FROM THE REPRESENTATIVE OF THE ASSESSEE IS REPRODUCED HEREUNDER: DATE: 03.08.2021 BEFORE THE HONBLE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR (C.G.) SUBJECT : REQUEST FOR WITHDRAWAL OF APPEAL WITH A RIDER APPELLANT : M/S SHREE SHYAM SPONGE & POWER LIMITED ITA NO. : 52 TO 53/RPR/2016 AND 55 TO 58/RPR/2016 FIXED FOR : 04.08.2021 ASSESSMENT YEAR : 2006-07, 2007-08 AND 2009-10 TO 2012-13 HON'BLE SIR, UNDER INSTRUCTIONS FROM OUR AFORESAID CLIENT, WE RESPECTFULLY SUBMIT BEFORE YOUR HONOR AS UNDER:- IT IS RESPECTFULLY SUBMITTED THAT THE ASSESSEE WAS VISITED WITH THE SEARCH OPERATION U/S 132 OF THE INCOME TAX ACT, 1961, CONSEQUENT UPON SEARCH, ASSESSMENT WAS COMPLETED U/S 153A R.W.S. 143(3) FOR A.Y. 2006-07 TO 2012-13 VIDE ORDER DATED 27.03.2014. THE LEARNED CIT EXERCISED POWERS U/S 263 AND HELD THE ASSESSMENT ORDER PASSED U/S 153A R.W.S. 143(3) TO BE ERRONEOUS ON CERTAIN ISSUES AND SET ASIDE THE CASE FOR DENOVO ASSESSMENT. ITA NOS. 52, 53, 55 TO 58/RPR/2016 (M/S. SHREE SHYAM SPONGE & POWER PVT. LTD.) - 3 - IT IS RESPECTFULLY SUBMITTED THAT THE ASSESSEE HAD FILED THE APPEAL BEFORE THE HONORABLE BENCH AGAINST THE ORDER U/S 263 PASSED BY THE LEARNED CIT. CONSEQUENT UPON THE ORDER U/S 263 AND IN PURSUANCE THERETO, THE LEARNED A.O. HAD FRAMED THE ASSESSMENT U/S 143(3) R.W.S. 263 VIDE ORDER DATED 27.06.2016, IN THE SAID ASSESSMENT NO ADVERSE INFERENCE WAS DRAWN BY THE LEARNED A.O ON THE ISSUES STATED BY THE LEARNED CIT IN THE ORDER U/S 263 AND ACCORDINGLY NO ADDITIONS WERE MADE. THEREFORE, THE PRESENT APPEALS PENDING BEFORE YOUR HONOURS HAVE BEEN RENDERED ACADEMIC AS NO PREJUDICE HAS BEEN CAUSED IN THE SET ASIDE ASSESSMENT PROCEEDINGS COMPLETED U/S 143(3) R.W.S. 263 PERTAINING TO A.Y. 2006-07 TO 2012-13, ACCORDINGLY, THE ASSESSEE HEREBY WITHDRAWS ITS APPEAL FOR A.Y. 2006-07, 2007-08 AND 2009-10 TO 2012-13 WITH A CAVEAT THAT IF ANY ADVERSE INFERENCE IS DRAWN IN FUTURE AGAINST THE ASSESSEE ARISING FROM ORDER U/S 263 THEN THE ASSESSEE MAY KINDLY BE GIVEN THE LIBERTY TO REVIVE THE APPEAL. THIS REQUEST BEING IN CONSONANCE WITH THE PRINCIPLES OF NATURAL JUSTICE MAY KINDLY BE ACCEDED. SUBMITTED FOR YOUR HONORS KIND CONSIDERATION. THANKING YOU, YOURS FAITHFULLY, FOR, V N D G & CO CHARTERED ACCOUNTANTS (CA VEEKAAS S SHARMA) COUNSEL FOR THE APPELLANT 4. IN THE LIGHT OF THE WRITTEN COMMUNICATION AND ORAL REQUESTS, THE CAPTIONED APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER RAIPUR: DATED 10/08/2021 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT THIS ORDER PRONOUNCED IN OPEN COURT ON 10/08/2021 ITA NOS. 52, 53, 55 TO 58/RPR/2016 (M/S. SHREE SHYAM SPONGE & POWER PVT. LTD.) - 4 - 4. - / CIT (A) 5. , , / DR, ITAT, RAIPUR 6. [ / GUARD FILE. BY ORDER , SR. PRIVATE SECRETARY ITAT , RAIPUR (ON TOUR)