ACIT, Ludhiana V. M/s Avon Cycle Ltd., Ludhiana

ITA 604/CHANDI/2011

• Counselvise Citation: 60421514 RSA 2011
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 30-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY SHARMA
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL,B BENCH, CHA NDIGARH BEFORE SHRI D K SRIVASTAVA, AM AND MS. SUSHMA CHOWL A, JM ITA NO. 604/CHD/2011 ASSESSMENT YEAR: 2006-07 ACIT, C-V, V AVON CYCLE LTD., LUDHIANA. G.T.ROAD, LUDHIANA. (PAN: AABCA-4140-R) ASSESSEE BY: NONE DEPARTMENT BY: SHRI AJAY SHARMA DATE OF HEARING : 14.11.2011 DATE OF PRONOUNCEMENT : 1 7.11.2011 ORDER D K SRIVASTAVA: THE APPEAL FILED BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 16.03.201 1, ON THE FOLLOWING GROUNDS: 1. THAT THE LD. CIT(A)-II HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT THE ASSESSMENT ORDER PASSED U/S 143(3) READ WITH SECTION 263 OF THE ACT HAS BECOME INFRUCTUOUS SINCE ITAT HAS QUASHED THE ORDER U/S 263 OF THE ACT. 2. THAT THE LD. CIT(A)-II HAS ERRED IN LAW AND ON FACT S BY IGNORING THAT THE DEPARTMENT HAS FILED AN APPEAL BE FORE HON'BLE HIGH COURT AGAINST THE ORDER OF THE HON'BLE ITAT QU ASHING THE ORDER U/S 263 OF THE ACT. 2. WE HAVE HEARD THE MATTER. THOUGH NOBODY WAS PRES ENT AT THE TIME OF HEARING ON BEHALF OF THE ASSESSEE, WRITTEN SUBMISSIONS WERE HOWEVER RECEIVED. THE ASSESSMENT ORDER, WHICH IS NO W SUBJECT MATTER OF THE APPEAL BEFORE THIS TRIBUNAL, WAS PASSED BY T HE AO ON 29.12.2009 U/S 143(3)/263 OF TO GIVE EFFECT TO THE ORDER PASSED BY THE COMMISSIONER U/S 263 ON 24.11.2008. THE SAID ORDER PASSED BY THE COMMISSIONER U/S 263 WAS SUBJECT MATTER OF APPEAL B EFORE THIS TRIBUNAL IN ITA NO. 25/CHD/2009 (ASSESSMENT YEAR 20 06-07). BY ITS ORDER DATED 30.04.2010, THIS TRIBUNAL HAS ALREADY Q UASHED THE ORDER PASSED BY THE CIT U/S 263 ON 24.11.2008. IN THIS VI EW OF THE MATTER, THE CONSEQUENTIAL ASSESSMENT ORDER PASSED BY THE AS SESSING OFFICER, ITA604/CHD/2011 AVON CYCLE LTD.,LUDHIANA 2 WHICH HAS GIVEN RISE TO THE PRESENT APPEAL, CAN ALS O NOT SURVIVE. IT IS FOR THIS REASON THAT THAT THE CIT(A) HAS QUASHED TH E ASSESSMENT ORDER. 3. IT IS THE CASE OF THE DEPARTMENT THAT THE DEPART MENT HAS NOT ACCEPTED THE ORDER PASSED BY THIS TRIBUNAL ON 30.04 .2010 BY WHICH THE ORDER PASSED BY THE COMMISSIONER U/S 263 HAS BE EN QUASHED. THE FACT, HOWEVER, REMAINS THAT THE OPERATION OF THE SA ID ORDER PASSED BY THIS TRIBUNAL HAS NOT BEEN STAYED BY THE HON'BLE HI GH COURT OR ANY COMPETENT FORUM OF LAW. IN THIS VIEW OF THE MATTER, IT IS NOT OPEN TO US TO TAKE A VIEW WHICH IS INCONSISTENT WITH THE VI EW TAKEN BY THIS TRIBUNAL IN ITS ORDER DATED 30.04.2010. RESULTANTLY , THE ORDER PASSED BY THE CIT(A) IS CONFIRMED. APPEAL FILED BY THE DEP ARTMENT IS DISMISSED. ORDER PRONOUNCED ON 17.112011. SD/- SD/- (SUSHMA CHOWLA) (D K SRIV ASTAVA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17.11.2011 POONAM COPY TO: 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE CIT(A), 4. THE CIT 5. THE D.R, INCOME-TAX DEPARTMENT, CHANDIGARH ASSISTANT REGISTRAR, ITAT, CHANDIGARH