DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2, KALYAN V. MADHAV CONSTRUCTIONS, MUMBAI

ITA 6412/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1712 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2003-2004
• Appeal Filed On: 01-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: S M MAKHIJA; LIPSA A CHANDRANI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 6412/ MUM/ 2017 ( ASSESSMENT YEAR : 2003 - 04 ) ITA NO. 6414/MUM/2017 ( ASSESSMENT YEAR : 2005 - 06 ) ITA NO. 6415/MUM/2017 ( ASSESSMENT YEAR : 2 006 - 07 ) ITA NO. 6416/MUM/2017 ( ASSESSMENT YEAR : 2007 - 08 ) ITA NO. 6417/MUM/2017 ( ASSESSMENT YEAR : 2008 - 09 ) DCIT CIRCLE 2 KALYAN 2 ND FLOOR, MOHAN PLAZA KHADAKPADA, WAYALE NAGAR, KALYAN (W) 421 301 VS. M/S. MADHAV CONSTRUCTIONS SHOP NO.2/C/13 ROOM NO.25 & 26, NETAJI CHOWK ULHASNAGAR 421 001 PAN/GIR NO. AAGFM6690L APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY SHRI S.M. MAKHIJA & MS. LIPSA A CHANDRANI DATE OF HEARING 1 0 / 08 /2018 DATE OF P RONOUNCEMENT 31 / 08 /2018 / O R D E R PER R.C. SHARMA (A.M) : THESE ARE THE APPEALS FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) - 3 , THANE DATED 10/08 /2017 FOR A.Y. 200 - 04, 2005 - 06, ITA NO. 6412/MUM/2017 AND OTHER APPEALS M/S. MADHAV CONSTRUCTION 2 2006 - 07, 2007 - 08 & 2008 - 09 IN THE MATTER OF ORDER PASSED U/S. 143(3) AND 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD THE RIVAL CONTENTIONS AND CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. IN THESE CASES, THE AO HAS PASSED ORDER U/S 143(3) R.W.S. 254 OF THE ACT ON 28.02.2015 IN VIEW OF THE HO N'BLE ITAT'S DIRECTIONS ORDER DATED 13.03.2013 BY ALLOWING THE DEDUCTION CLAIMED U/S.80IB(10) OF THE ACT. THEREAFTER, THE PR. CIT - 3, THANE PASSED ORDER U/S 263 OF THE ACT STATING THAT ORDER PASSED BY THE AO IS PREJUDICIAL TO THE INTEREST OF THE REVENUE IN VIEW OF THE PROVISIONS OF SECTION 80A(5) AND ASSESSMENT ORDER WAS SET ASIDE TO THE FILE OF THE AO TO PASS A FRESH ASSESSMENT ORDER. 3. IN THE MEANTIME, THE A SSESSEE FILED AN APPEAL BEFORE THE ITAT AGAINST THE ORDER U/S. 263 PASSED BY THE PR.CIT - 3, THANE. A GAINST THIS REVISION ORDER U/S.263, THE HON'BLE ITAT, VIDE ORDER DATED 07.07.2017 IN ITA NO.3271 TO 3276/MUM/2017(ASSESSMENT YEARS 2003 - 04 TO 2008 - 09) HAS QUASHED THE FOUNDATION OF THE IMPUGNED ORDER PASSED U/S. 263 OF THE ACT BY THE PR.CIT - 3, THANE. THERE FORE, THE ASSESSMENT ORDER PASSED U/S.143(3) R.W.S. 263 DTD. 30.06.2017 BY THE AO HAS BECOME INFRUCTUOUS . 4. THE CIT(A) HAS ALSO OBSERVED THAT THE ORDER PASSED BY AO U/S.143(3) R.W.S. 263 HAS BECOME INFRUCTUOUS IN VIEW OF THE DECISION OF THE TRIBUNAL VIDE ORDER DATED 07/07/2017, WHEREIN TRIBUNAL HAVE QUASHED ITA NO. 6412/MUM/2017 AND OTHER APPEALS M/S. MADHAV CONSTRUCTION 3 THE ORDER PASSED BY CIT U/S.263. ACCORDINGLY, WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF CIT. 5 . IN THE RESULT, THE APPEAL S OF REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON TH IS 31 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 31 / 08 /201 8 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE AP PELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//