ITO WD 14(3)(2), MUMBAI V. VICTORIA SYSTEMS P.LTD, MUMBAI

ITA 6784/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7696 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 29-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 263

Judgement Text

F IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 6784 / MUM/2017 ( / ASSESSMENT YEAR : 2009 - 10 ) INCOME TAX OFFICER - 14(3)(2) 458, AAYAKAR BHAWAN, 4 TH FLOOR, M.K.MARG MUMBAI - 400020 / V. VICTORIA SYSTEMS PRIVATE LIMITED 9 TH FLOOR, , VAIBHAV CHAMBERS, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI - 400051 ./ PAN : AAACP9563A ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY: M ISS DEEPIKA ARORA ASSESSEE BY : SHRI. RAHUL HAKANI / DATE OF HEARING : 10.01.2019 / DATE OF PRONOUNCEMENT : 16 .01.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL, FILED BY REVENUE , BEING ITA NO. 6784 / MUM/201 7 , IS DIRECTED AGAINST APPELLATE ORDER DATED 06 .0 9.2017 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 22 , MUMBAI (HEREINAFTER CALLED THE CIT(A)), FOR ASSESSMENT YEAR 2009 - 10 , THE APPELLATE PROCEEDINGS HAD ARISEN BEFORE LEARNED CIT(A) FROM THE ASSESSMENT ORDER DATED 17.10.2014 PASSED BY LEARNED ASSESSING OFFICER (HEREINAFTER CALLED THE AO) U/S 143(3) READ WITH SECTION 263 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER CALLED THE ACT) FOR AY 20 09 - 10. I.T.A. NO.6784 /MUM/201 7 2 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSMENT IN THIS CASE WAS ORIGINALLY FRAMED BY THE AO U/S 143(3) ON 29.12.2011 . THE SAID ASSESSMENT ORDER DATED 29.12.2011 PASSED BY THE AO U/S 143(3) OF THE 1961 ACT WAS HELD TO BE ERRONEOUS AND SO FAR AS PREJUDICIAL TO THE INTEREST OF THE REVENUE BY LEARNED COMMISSIONER OF INCOME - TAX - 10, MUMBAI ( HEREI NAFTER CALLED THE CIT) VIDE ORDERS DATED 24.03.2014 PASSED U/S 263 OF THE 1961 ACT AND CONSEQUENTLY WAS SET ASIDE BY LEARNED CIT WITH DIRECTIONS TO THE AO TO FRAME FRESH ASSESSMENT. THE FRESH ASSESSMENT IN CONSEQUENT TO THE REVISIONARY ORDER DATED 24.03 .2014 PASSED U/S 263 OF THE 1961 ACT BY LEARNED CIT WAS FRAMED BY THE AO VIDE ASSESSMENT DATED 17.10.2014 U/S 143(3) READ WITH SECTION 263 OF THE 1961 ACT WHICH WAS IN PURSUANCE TO THE ORDER PASSED BY LEARNED COMMISSIONER OF INCOME - TAX - 10, MUMBAI ( HEREINA FTER CALLED THE CIT) DATED 24.03.2014 U/S 263 OF THE 1961 ACT . THE ORDER PASSED BY LEARNED CIT U/S 263 WAS CHALLENGED BY THE ASSESSEE BEFORE THE INCOME - TAX APPELLATE TRIBUNAL ( HEREINAFTER CALLED THE TRIBUNAL) AND THE ITAT,F BENCH, MUMBAI VIDE ITS AP PELLATE ORDER DATED 14.06.2017 IN ITA NO. 2494/MUM/2014 FOR AY 2009 - 10 , WAS PLEASED TO QUASH THE SAID REVISIONARY ORDER DATED 24.03.2014 PASSED BY LEARNED CIT U/S 263 AND RESTORE THE ORIGINAL ASSESSMENT FRAMED BY THE AO VIDE ASSESSMENT ORDER DATED 29.12.2 011 U/S 143(3) OF THE 1961 ACT. THE ASSESSMENT FRAMED BY THE AO CONSEQUENT TO REVISIONARY ORDER PASSED BY LEARNED CIT WAS CHALLENGED BEFORE LEARNED CIT(A) BY THE ASSESSEE WHEREIN LEARNED CIT(A) WAS PLEASED TO CANCEL THE ASSESSMENT ORDER DATED 17.10.2014 PA SSED BY THE AO U/S 143(3) READ WITH SECTION 263 OF THE 1961 ACT VIDE APPELLATE ORDERS DATED 06.09.2017 , RELYING ON THE DECISION OF THE TRIBUNAL IN ITA NO. 2494/MUM/2014 FOR AY 2009 - 10 DATED 14.06.2017 , QUASHING REVISIONARY ORDER DATED 24.03.2014 PASSED BY LEARNED CIT U/S 263 OF THE 1961 ACT. 3. THE MATTER IS NOW BEFORE THE TRIBUNAL AT BEHEST OF REVENUE. BOTH THE PARTIES HAVE FAIRLY CONCURRED THAT THE REVISIONARY ORDER DATED I.T.A. NO.6784 /MUM/201 7 3 24.03.2014 PASSED BY LEARNED CIT U/S 263 OF THE 1961 ACT WAS ITSELF QUASHED BY T HE TRIBUNAL VIDE ORDERS DATED 14.06.2017 AND THEREFORE CONSEQUENT ASSESSMENT FRAMED BY THE AO VIDE ASSESSMENT ORDER DATED 17.10.2014 U/S 143(3) READ WITH SECTION 263 OF THE 1961 ACT WILL NOT SURVIVE. WE ARE IN AGREEMENT WITH THE CONCURRENT CONTENTIONS ADVA NCED BY THE RIVAL PARTIES BECAUSE WHEN THE LEAD ORDER DATED 24.03.2014 PASSED BY LEARNED CIT U/S 263 OF THE 1961 ACT HAS ITSELF BEING QUASHED BY THE TRIBUNAL , THEN THE ASSESSMENT WHICH IS FRAMED PURSUANT TO THE SAID REVISIONARY ORDER WILL NOT SURVIVE AS LEAD ORDER ITSELF HAS BEEN QUASHED. WE DONOT FIND ANY INFIRMITY IN THE APPELLATE ORDER DATED 06.09.2017 PASSED BY LEARNED CIT(A) CANCELLING THE ASSESSMENT ORDER DATED 17.10.2014 PASSED BY THE AO U/S 143(3) READ WITH SECTION 263 O F THE 1961 ACT AND REVIVING THE ORIGINAL ASSESSMENT ORDER DATED 29.12.2011 PASSED BY THE AO U/S 143(3) OF THE 1961 ACT, AND WE HAVE NO HESITATION IN AFFIRMING THE APPELLATE ORDER DATED 06.09.2017 PASSED BY LEARNED CIT(A) . THE REVENUE FAILS IN THIS APPEAL. WE ORDER ACCORDINGLY. 4 . IN THE RESULT , APPEAL O F THE R EVENUE IN ITA NO. 6784/MUM/2017 FOR AY 2009 - 10 STAND DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 1 6 .01.2019 . 1 6 .01.2019 S D / - S D / - ( SAKTIJIT DEY ) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 1 6 .01 . 2019 NISHANT VERMA SR. PRIVATE SECRETARY COPY TO I.T.A. NO.6784 /MUM/201 7 4 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) CONCERNED, MUMBAI 4 . THE CIT - CONCERNED, MUMBAI 5 . THE DR BENCH, 6 . MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI