M/s. Chhabra Syncotex Ltd., Bhilwara V. ACIT,Circle, Bhilwara

ITA 63/JODH/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9708 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 05-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S YADAV LD
• Assessee Lawyers: DEVANG GARGIEYALD ARS
• Section: 143(3); 263

Judgement Text

1 ITA NO.63/JODH/2019 M/S. CHHABRA SYNCOTEX LTD. ASSESSMENT YEAR: 2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR , , BEFORE HONBLE SHRI SANDEEP GOSAIN, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.63/JODH/2019 ( / ASSESSMENT YEAR: 2008-09) M/S. CHHABRA SYNCOTEX LTD. C/O. MAHENDRA GARGIEYA & ASSOCIATES (ADVOCATES & TAX CONSULTANTS) 537-539, 5 TH FLOOR, MAHIMAS TRINITY NEAR JYOTI RAO PHULE COLLEGE NEW SANGANER ROAD, JAIPUR RAJASTHAN-302 019. / VS. A CIT CIRCLE BHILWARA INCOME TAX OFFICE SHASTRI NAGAR, BHILWARA, RAJASTHAN-311 801. ./ ./PAN/GIR NO. AACCC-9236-B ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI MAHENDRA GARGIEYA & DEVANG GARGIEYA-LD. ARS REVENUE BY : SHRI A.S. YADAV - LD. SR. DR / DATE OF HEARING : 04/11/2020 / DATE OF PRONOUNCEMENT : 21/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. BY WAY OF THIS APPEAL FOR ASSESSMENT YEAR (AY) 2 008-09, THE ASSESSEE CHALLENGES THE ORDER OF LD. COMMISSIONER O F INCOME-TAX 2 ITA NO.63/JODH/2019 M/S. CHHABRA SYNCOTEX LTD. ASSESSMENT YEAR: 2008-09 (APPEALS), AJMER, [CIT(A)], APPEAL NO.51/2016-17 DA TED 25/01/2019 ON CERTAIN GROUNDS OF APPEAL. 2. THE PERUSAL OF MATERIAL ON RECORD WOULD REVEAL T HAT AN ASSESSMENT WAS FRAMED FOR THE YEAR UNDER CONSIDERAT ION U/S 143(3) R.W.S 147 ON 30/03/2016 WHEREIN THE ASSESSEE WAS SA DDLED WITH CERTAIN ADDITIONS ON ACCOUNT OF BOGUS SHARE APPLICA TION MONEY. UPON FURTHER APPEAL, LD. CIT(A) DISMISSED ASSESSEE S APPEAL BY OBSERVING THAT ASSESSMENT ORDER WAS ALREADY SET ASI DE BY LD. PR.CIT U/S 263 VIDE ORDER DATED 05/03/2018. THEREFO RE SINCE ASSESSMENT ORDER WAS NOT IN EXISTENCE, THE APPEAL F ILED BY THE ASSESSEE AGAINST THE SAME WAS TO BE DISMISSED AS BE ING INFRUCTUOUS. 3. THE LD. AR CONCURRED THAT THE ASSESSMENT ORDER W AS SET- ASIDE VIDE ORDER U/S 263 DATED 05/03/2018. HOWEVER, THE ASSESSEE CHALLENGED THE VALIDITY OF REVISIONAL JURISDICTION BEFORE THIS TRIBUNAL VIDE ITA NO. 239/JP/2018 ORDER DATED 06/03/2019 WHE REIN THE ORDER U/S 263 WAS QUASHED. A COPY OF THE ORDER HAS BEEN PLACED ON RECORD. CONSEQUENTLY, THE ASSESSMENT ORDER DATED 30 /03/2016 HAS BECOME ALIVE AND THEREFORE, THE ASSESSEES APPEAL B EFORE LD. CIT(A) WOULD REQUIRE ADJUDICATION ON MERITS. THE LD . DR DID NOT CONTROVERT THE SAID POSITION. 4. KEEPING IN VIEW THE SUBMISSIONS, THE MATTER STAN D RESTORED BACK TO THE FILE OF LD. CIT(A) FOR DISPOSAL OF APPE AL ON MERITS. 3 ITA NO.63/JODH/2019 M/S. CHHABRA SYNCOTEX LTD. ASSESSMENT YEAR: 2008-09 5. RESULTANTLY, THE APPEAL STANDS ALLOWED FOR STATI STICAL PURPOSES. ORDER PRONOUNCED U/R 34(4) OF INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963. SD/- SD/- (SANDEEP GOSAIN) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/12/2020 SR.PS:-JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$' / THE RESPONDENT 3. % ( ) / THE CIT(A) 4. % / CIT CONCERNED 5. &'#( ) , ) , ) / DR, ITAT, JODHPUR 6. '+,-! / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, JODHPUR.