ACIT RG 6(2), MUMBAI V. CENTURY TEXTILES & INDUSTRIES LTD, MUMBAI

ITA 6294/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9399 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-11-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 12-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH MEENA
• Assessee Lawyers: P R TOPRANI
• Keywords: Revision of order
• Section: 263; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 6294/MUM/2011 (ASSESSMENT YEAR: 2001-02) ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE - 6(2), R NO 563, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI -400 020 VS. M/S. CENTURY TEXTILES & INDUSTRIES LTD., CENTURY BHAVAN, DR. ANNIE BESANT ROAD, WORLI, MUMBAI -400 030 PAN AAACC 2659 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI OM PRAKASH MEENA RESPONDENT BY : SHRI P. R. TOPRANI DATE OF HEARING: 06.11.2012 DATE OF PRONOUNCEMENT: 21.11.2012 O R D E R PER VIVEK VARMA, JM: THE APPEAL FILED BY THE DEPARTMENT AGAINST THE ORDER O F CIT(A) 12, DATED 27.06.2011. 2. AT THE TIME OF HEARING, THE AR POINTED OUT THAT ORIGINA L ASSESSMENT ORDER WAS SET ASIDE BY THE CIT UNDER SECT ION 263 OF THE INCOME TAX ACT, AS A CONSEQUENCE OF WHICH, THE AO PASSED THE ORDE R AS PER THE DIRECTIONS OF THE CIT. AGAINST THAT ORDER, THE A SSESSEE PREFERRED APPEAL BEFORE THE CIT(A), AND NOW THE INSTANT APPEAL. 3. THE AR FURTHER POINTED OUT THAT THE ASSESSEE HAD FILED APPEAL AGAINST THE ORDER U/S 263, BEFORE THE ITAT. THE PROCEED INGS AND THE M/S. CENTURY TEXTILES & INDUSTRIES LTD. ITA 6294/MUM/2011 2 ORDER U/S 263 WAS QUASHED BY THE COORDINATE BENCH OF THE MUMBAI ITAT IN ITA NO. 3449/MUM/2009, RESTORING THE ORIGINAL ORDER. 3. THE AR, THEREFORE, SUBMITTED THAT SINCE THE PROCEEDING S AND THE ORDER U/S 263 HAD BEEN QUASHED, ALL THE CONSEQUENTIAL PR OCEEDINGS AS WELL AS THE INSTANT APPEAL HAS BECOME INFRUCTUOUS AND THE REFORE HAVE TO BE QUASHED. 4. THE DR PLACED RELIANCE ON THE ORDERS OF REVENUE AUTHORITIES. 5. AFTER GOING THROUGH THE ORDER OF THE ITAT, WE QUASH THE APPEAL AS FILED BY THE DEPARTMENT AS THE ENTIRE PROCEEDINGS HAD BECOME VOID AS A CONSEQUENCE OF THE ORDER IN ITA NO. 3449/MUM/2009. 6. THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 21/11/2012. SD/- (D. KARUNAKARA RAO) ACCOUTANT MEMBER SD/- (VIVEK VARMA) JUDICIAL MEMBER MUMBAI, DATE: 21/11/2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)- 12 , MUMBAI. 4) THE CIT 6, MUMBAI, 5) THE D.R. C BENCH, MUMBAI. 6) COPY TO GUARD FILE. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN