M/s. Aakash Investments , Pune V. Pr. Commissioner of Income-tax -4, Pune

ITA 696/PUN/2019

AI Insights

The case involves M/s. Aakash Investments appealing against an order passed by the Pr.CIT-4, Pune under section 263 of the Income-tax Act, 1961, for the assessment year 2014-15. The primary contention was that the Assessing Officer had not passed any consequential order following the revisionary order, and the time limit for doing so had elapsed. The Tribunal noted the absence of any communicated order from the Assessing Officer and dismissed the appeal as infructuous, allowing the possibility of future appeals if new orders are discovered.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137779 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-05-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 01-05-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA. No.696/PUN/2019 Assessment Year : 2014-15 M/s. Aakash Investments, 39, Mantri Court, Dr. Ambedkar Road, Next to RTO, Sangam, Pune 411 001 Maharashtra PAN : AAMFA4668E Vs. Pr.CIT-4, Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 26-03-2019 passed by the Pr.CIT-4, Pune u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2014-15. 2. At the very outset, the ld. counsel for the assessee submitted that the impugned order was passed on 26-03-2019 and the Assessing Officer (AO) has not passed any consequential order. Assessee by Shri Kishor B. Phadke Revenue by Shri Mallikarjun Utture Date of hearing 03-05-2023 Date of pronouncement 04-05-2023 ITA No.696/PUN/2019 M/s. Aakash Investments 2 It was further submitted that the time limit, in terms of section 153, for passing the order by the AO in consequence to the order u/s.263 has since elapsed. The ld. AR expressed his doubt about the above referred non-passing of the order by the AO on the foundation that no such order was communicated to the assessee. On an earlier occasion, the ld. Departmental Representative (DR) was asked to verify from the AO if any order has been passed in consequence to the revisionary order. No information has been received till date. In view of the foregoing discussion, we are satisfied that the appeal filed by the assessee has become infructuous. The appeal is accordingly dismissed. However, the assessee will have the liberty to file an appeal against the assessment order, if, later on, it is discovered that some order was passed which was not conveyed to it. 3. In the result, the appeal is dismissed. Order pronounced in the Open Court on 04 th May, 2023. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 04 th May, 2023 सतीश ITA No.696/PUN/2019 M/s. Aakash Investments 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. DR, ITAT, ‘A’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 03-05-2023 Sr.PS 2. Draft placed before author 03-05-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *