DY CIT CC 1(2), MUMBAI V. M/S SURENDRA HIRANANDANI , MUMBAI

ITA 688/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6049 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 29-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S C TIWARI
• Section: 143(3); 153A; 13; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.688/M/2020 ASSESSMENT YEAR: 2008-09 ITA NO.689/M/2020 ASSESSMENT YEAR: 2011-12 ITA NO.690/M/2020 ASSESSMENT YEAR: 2011-12 ITA NO.691/M/2020 ASSESSMENT YEAR: 2012-13 ITA NO.692/M/2020 ASSESSMENT YEAR: 2013-14 DY. CIT, CENTRAL CIRCLE 1(2), 906, 9 TH FLOOR, PRATISHTHA BHAVAN OLD C.G.O. BLDG., (ANNEXE), M.K. ROAD, MUMBAI - 400020 VS. M/S. SURENDRA HIRANANDANI, 2 ND FLOOR, NEPTUNE COURT, 601, JAGMOHANDAS MARG, MUMBAI 400 006 PAN: AAAPH1094H (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI VIJAY MEHTA, A.R. REVENUE BY : SHRI S.C. TIWARI, D.R. DATE OF HEARING : 03.08.2021 DATE OF PRONOUNCEMENT : 09.08.2021 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE ABOVE TITLED APPEALS HAVE BEEN PREFERRED BY TH E REVENUE AGAINST THE ORDERS EVEN DATED 14.11.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER R EFERRED TO AS ITA NO.688/M/2020 & ORS M/S. SURENDRA HIRANANDANI 2 THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2008-09, 20 11-12, 2012- 13 & 2013-14 2. ALL THESE APPEALS ARE FILED BY THE REVENUE AGAIN ST THE ORDERS OF LD. CIT(A) ALLOWING THE APPEALS OF THE AS SESSEE WHICH IN TURN ARISE OUT OF THE ASSESSMENT FRAMED AS BY TH E AO UNDER SECTION 143(3) READ WITH SECTION 153A READ WITH SEC TION 263 OF THE ACT. THE LD. COUNSEL OF THE ASSESSEE AT THE OU TSET SUBMITTED THAT THE REVISIONARY ORDER PASSED UNDER SECTION 263 BY PCIT IN ALL THESE YEARS HAVE BEEN QUASHED BY THE CO-ORDINAT E BENCH OF THE TRIBUNAL IN ITA NO.3226/M/2017 TO 3232/M/2017 F OR A.Y. 2008-09 TO 2014-15 VIDE ORDER DATED 14.02.2018. TH E LD. COUNSEL, THEREFORE ,SUBMITTED THAT THE PRESENT APPE ALS FILED BY THE REVENUE ARE RENDERED INFRUCTUOUS IN VIEW OF THE REVISIONARY PROCEEDINGS BEING QUASHED BY THE CO-ORDINATE BENCH OF THE TRIBUNAL AS STATED ABOVE. THE LD AR THEREFORE REQUE STED THE BENCH TO DISMISS ALL THESE APPEALS AS INFRUCTUOUS. 3. THE LD. D.R. FAIRLY CONCEDED TO THE ARGUMENTS OF THE LD. A.R. TO THE EFFECT THAT THE REVISIONARY ORDERS PASS ED BY THE PCIT U/S 263 OF THE ACT HAVE BEEN QUASHED AND LEFT THE D ECISION TO THE WISDOM OF THE BENCH. 4. AFTER PERUSING THE CO-ORDINATE BENCH DECISION PA SSED IN ITA NO.3226/M/2017 & ORS. DATED 14.02.2018, WE FIND THA T THE REVISIONARY PROCEEDINGS AND THE CONSEQUENT REVISION ARY ORDER UNDER SECTION 263 HAVE BEEN QUASHED BY THE CO-ORDIN ATE BENCH OF THE TRIBUNAL. ACCORDINGLY, THESE APPEALS ARE RE NDERED INFRUCTUOUS AND ARE ACCORDINGLY DISMISSED. ITA NO.688/M/2020 & ORS M/S. SURENDRA HIRANANDANI 3 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AR E DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.08.2021. SD/- SD/- ( PAVAN KUMAR GADALE) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 09.08.2021. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.