ASST CIT CIR 3, THANE V. SONKHAR INDUSTRIAL SALT WORKS P.LTD, THANE

ITA 5356/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3734 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 25-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJUNATHA SWAMY
• Section: 143(3); 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BE NCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER / I .TA NO. 5356/MUM/2014 ( / ASSESSMENT YEAR: 2008-09 THE ACIT, CIRCLE-3, ROOM NO. 2, 6 TH FLOOR, ASHAR IT PARK, B-WING, WAGLE INDL. ESTATE THANE (W),-400 604 / VS. M/S. SONKHAR INDUSTRIAL SALT WORKS PVT. LTD., BHAWE HOUSE, OPP. GADKARI RANGAYATAN, DR. MOOSE ROAD, THANE (W),-400 602 ./ ./ PAN/GIR NO. AACCS 4444D ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI MANJUNATHA SWAMY / RESPONDENT BY: MS. NEHA PARANJPE / DATE OF HEARING :15.03.2016 ! / DATE OF PRONOUNCEMENT :29 .04.2016 / O R D E R PER C.N. PRASAD, JM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF THE LD. CIT(A)-1, MUMBAI DATED 05.05.2014 PERTAINING TO AS SESSMENT YEAR 2008-09 ARISING OUT OF THE ORDER PASSED U/S. 143(3) R.W. S. 263 OF THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT THE CO-ORDINATE BENCH OF THE TRIBUNAL IN ITA NO. 4337/M /2012 DATED 24.01.2014 QUASHED THE ORDER PASSED BY THE COMMISSI ONER OF ITA NO. 5356/M/14 2 INCOME TAX DATED 10.5.2012 PASSED U/S. 263 OF THE A CT. THE LD. COUNSEL SUBMITS THAT THE PRESENT APPEAL FILED BY TH E REVENUE EMANATES FROM THE ORDER OF THE LD. CIT(A) WHO DECID ED THE APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE ASS ESSING OFFICER PASSED U/S. 143(3) R.W.S 263 OF THE ACT. THE LD. C OUNSEL FURTHER SUBMITS THAT IN VIEW OF THE ORDER OF THE CO-ORDINAT E BENCH QUASHING THE ORDER OF SECTION 263, CONSEQUENTIAL ORDER PASSE D BY THE ASSESSING OFFICER U/S. 143(3) R.W.S. 263 WILL NOT SURVIVE, TH EREFORE ALL OTHER PROCEEDINGS BECOME INFRUCTUOUS. 3. WE HAVE PERUSED THE ORDERS OF THE LOWER AUTHORIT IES AND FIND THAT THIS APPEAL OF THE REVENUE BECOME INFRUCTUOUS IN VIEW OF THE ORDER OF THE CO-ORDINATE BENCH QUASHING THE ORDER O F THE COMMISSIONER OF INCOME TAX PASSED U/S. 263 OF THE A CT. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH APRIL, 2016. SD/- SD/- (RAMIT KOCHAR) (C.N. PRASAD ) / ACCOUNTANT MEMBER $ % /JUDICIAL MEMBER MUMBAI; ( DATED : 29 TH APRIL, 2016 . % . ./ RJ , SR. PS ITA NO. 5356/M/14 3 !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( ) / THE CIT(A)- 4. ) / CIT 5. *+ ,%%-. , -.! , / DR, ITAT, MUMBAI 6. , /01 / GUARD FILE. / BY ORDER, *% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI