DCIT, New Delhi V. M/s. National Textiles Corporation Ltd., New Delhi

ITA 5756/DEL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5134 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 15-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VED PRAKASH MISHRA
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA.NO.5756/DEL./2015 ASSESSMENT YEAR 2005-06 DCIT CIRCLE 17(2), ROOM NO. 308, C.R. BUILDING, I.P. ESTATE, NEW DELHI. VS. NATIONAL TEXTILES CORPORATION LTD., 9 TH FLOOR, VANDANA BULDG., 11, TOLSTOY MARG, NEW DELHI. AAACN1107A (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI VED PRAKASH MISHRA, SR. DR FOR ASSESSEE : SHRI VED JAIN, CA DATE OF HEARING : 17.10. 2018 DATE OF PRONOUNCEMENT : 24 .10.2018 ORDER PER SHRI BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD. CIT(A)-6, DELHI DATED 28.07.2015 FOR A Y 2005-06, CHALLENGING THE ORDER OF LD. CIT(A) IN QUASHING THE NOTICE U/S 148 OF THE I.T. ACT. 2 ITA.NO.5756/DEL./2015 2. THE FACTS OF THE CASE ARE THAT THE AO PASSED THE ASSESSMENT ORDER U/S 147/143(3) OF THE ACT DATED 14 .03.2013 COMPUTING THE TOTAL INCOME OF ASSESSEE AT RS. (-) 5,95,92,000/-. THUS, INCOME IS COMPUTED AT LOSS OF RS. 5,95,92,000/-. THE ASSESSEE PREFERRED APPEAL BEFOR E LD. CIT(A) AND ACCORDING TO THE DEPARTMENT THE LD. CIT( A) DECIDED THE APPEAL OF ASSESSEE, VIDE IMPUGNED ORDER DATED 2 8.07.2015. 3. LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUB MITTED THAT IT IS AN IMPROPER AND INVALID APPEAL FILED BY THE REVENUE, THEREFORE, LIABLE TO BE DISMISSED SUMMARILY. HE HA S POINTED OUT THAT THE ASSESSMENT ORDER DATED 14.03.2013 IN T HIS CASE WAS CHALLENGED BEFORE LD. CIT(A)-38, DELHI WHICH WA S DECIDED, VIDE ORDER DATED 05.04.2017, COPY OF THE ORDER IS P LACED ON RECORD. HE HAS SUBMITTED THAT IN THE IMPUGNED ORDE R THE ASSESSED INCOME HAVE BEEN SHOWN AT RS. (-) 45,81,79 ,372/-, THEREFORE, IT IS A DIFFERENT ORDER AGAINST WHICH DE PARTMENTAL APPEAL HAS BEEN FILED. LD. DR, HOWEVER, COULD NOT CONTRIBUTE ANYTHING ON THE ISSUE. 3 ITA.NO.5756/DEL./2015 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE P ARTIES AND FIND THAT DEPARTMENTAL APPEAL IS INVALID AND IM PROPERLY FILED AND, AS SUCH, LIABLE TO BE REJECTED. THE AO PASSED THE IMPUGNED ASSESSMENT ORDER DATED 14.03.2013 COMPUTIN G THE LOSS OF RS. 5,95,92,000/-. THIS ORDER WAS CHALLENG ED BEFORE LD. CIT(A)-38 WHO HAD DECIDED THE APPEAL OF ASSESSE E ON 05.04.2017. COPY OF THIS ORDER OF THE CIT(A) IS PL ACED ON RECORD AT PAGE 10 OF THE PB. IN THIS ORDER LD. CIT (A) HAS SPECIFICALLY MENTIONED THAT THIS APPEAL IS FILED AG AINST THE ORDER OF 147/143(3) DATED 14.03.2013. THUS, THE RE VENUE SHOULD HAVE FILED THE PRESENT DEPARTMENTAL APPEAL A GAINST THE ORDER OF LD. CIT(A) DATED 05.04.2017. HOWEVER, THE PRESENT DEPARTMENTAL APPEAL IS FILED ON 15.10.2015 I.E. PRI OR TO PASSING OF THE CORRECT ORDER BY THE LD. CIT(A) ON 05.04.201 7. THERE IS A DIFFERENCE IN THE ASSESSED INCOME IN THE ORDER OF THE LD. CIT(A) DATED 28.07.2015 IN WHICH ASSESSED INCOME IS MENTIONED AT RS. (-) 45,81,79,372/-. THEREFORE, I T APPEARS THAT THE IMPUGNED ORDER AGAINST WHICH PRESENT DEPAR TMENTAL APPEAL IS FILED MAY BE THE DIFFERENT APPELLATE ORDE R BUT IT WOULD 4 ITA.NO.5756/DEL./2015 NOT RELATE TO THE IMPUGNED ASSESSMENT ORDER DATED 14.03.2013. WE, THEREFORE, HOLD THAT THE DEPARTMEN TAL APPEAL FILED IN THE INSTANT APPEAL IS IMPROPER AND INVALID . THE SAME IS ACCORDINGLY REJECTED. HOWEVER, REVENUE IS AT LI BERTY TO PREFER FRESH APPEAL AGAINST THE APPROPRIATE ORDER O F LD. CIT(A), IF SO ADVISED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, DEPARTMENTAL APPEAL IS REJECTED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (L.P. SAHU) (BHAVN ESH SAINI) ACCOUNTANT MEMBER JUDICI AL MEMBER DELHI, DATED 24.10.2018 *KAVITA ARORA COPY TO 1. THE AP PELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI. 5 ITA.NO.5756/DEL./2015 DATE OF DICTATION 18.10.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 22.10.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 24.10.18 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 24.10.18 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 24.10.18 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 24.10.18 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.10.18 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER