M/s Deccans Safty Glass Works Pvt. Ltd., Kolkata V. CIT, CIR-11, KOLKATA, Kolkata

ITA 697/KOL/2014

• Counselvise Citation: 69723514 RSA 2014
• Duration Of Justice: 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 21-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Assessee Lawyers: S M SURANA
• Section: 263; 143(3)

Judgement Text

I.T.A. NO . 697 /KOL./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) , AND SHRI GEORGE MATHAN (JUDICIAL MEMBER) I.T.A. NO. 697 /KOL . / 20 1 4 ASSESSMENT YEAR : 200 9 - 20 10 M/S. DECCANS SAFETY GLASS WORKS PVT. LTD. , ..... ............ .. .APP ELL ANT 2, ST. GEORGES GATE ROAD, KOLKATA - 700 022 [PAN : A ABCD 0337 R] - VS. - COMMISSIONER OF INCOME TAX, ... ............................ . RESPONDENT CIRCLE - 1 1 , KOLKATA , P - 7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA - 7 00 069 APPEARANCES BY: SHRI S .M. SURANA , ADVOCATE , FOR THE ASSESSEE SHRI RAVI JAIN , CIT (D.R.) , FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : DEC EM BER 02 , 2 01 4 DATE OF PRONOUNCING THE ORDER : DEC EM BER 03 , 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX , KOLKATA - IV UNDER SECTION 263 DATED 20.03.2014 IN M. NO. CIT. KOL - IV/263/2013 - 14/8131 FOR THE ASSESSMENT YEAR 2009 - 10. 2 . SHRI S .M. SURANA , A DVOCATE, REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI RAVI JAIN , CIT (D.R.) , REPRESENTED ON BEHALF OF THE REVENUE. I.T.A. NO . 697 /KOL./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 2 OF 3 3 . AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. A.R. THAT A PERUSAL OF THE ORDER OF LD. CIT PASSED UNDER SECTION 263 DOES NOT SHOW ANYWHERE AS TO THE FINDING OF THE LD. CIT THAT THE ORDER PASSED BY THE ASSESSING O FFICER WAS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF REVENUE. IT WAS THE SUBMISSION THAT THE LD. CIT HAD ALSO NOT EXPRESSED HIS VIEW NOR REJECTED THE SUBMISSIONS OF THE AS SESSEE BEFORE PASSING THE ORDER UNDER SECTION 263. IT WAS THE SUBMISSION THAT THE ORDER PASSED UNDER SECTION 263 WAS LIABLE TO BE QUASHED. HE PLACED RELIANCE UPON THE DECISION OF THE HON BLE RAJASTHAN HIGH COURT IN THE CASE OF CIT VS. - SETH GOVINDRAM SUGA R MILLS REPORTED IN (2001) IN 251 ITR 785. 4. IN REPLY, LD. CIT ( D.R. ) SUBMITTED THAT THE ISSUES IN THE APPEAL COULD BE RESTORED TO THE FILE OF THE LD. CIT, KOLKATA - IV FOR PASSING A SPEAKING ORDER. IT WAS THE SUBMISSION THAT IN THE SHOW - CAUSE NOTICE, LD. CIT HAD MENTIONED THAT THE ORDER PASSED UNDER SECTION 143(3) BY THE ASSESSING OFFICER WAS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF REVENUE. HE VEHEMENTLY SUPPORTED THE ORDER OF THE LD. CIT. 5 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF THE ORDER OF THE LD. CIT MORE SPECIFICALLY IN PARA 5 READS AS FOLLOWS: - 5. AFTER GOING THROUGH THE FACTS OF THE CASE I AM OF THE VIEW THAT ASSESSMENT REQUIRED RECONSIDERATION. THE ASSESSMENT ORDER MADE BY THE ASSESSING OFFICER IS BEING SET ASIDE DENOVO TO EN ABLE THE ASSESSING OFFICER WITH A DIRECTION TO EXAMINE THE ENTIRE CASE AND WORK OUT TAXABLE INCOME AS PER LAW. FURTHER THE ASSESSMENT PROCEEDINGS MUST BE INITIATED IN THE FIRST QUARTER OF 2014 - 15 AND SHOULD BE COMPLETED AT THE EARLIEST. THE A.O. SHOULD PAS S A SPEAKING ORDER AND MAY GET NECESSARY GUIDANCE OF RANGE HEAD WHENEVER IS CALLED FOR . CLEARLY , LD. CIT HAS NOT MENTIONED ANYTHING ABOUT THE ASSESSMENT ORDER MADE BY THE ASSESSING OFFICER TO BE ERRONEOUS OR PREJUDICIAL TO THE INTEREST OF REVENUE. FURTHE R , EVEN THE SUBMISSIONS OF THE ASSESSEE HAVE NOT BEEN REJECTED NOR REBUTTED. IN THESE CIRCUMSTANCES, WE ARE OF THE I.T.A. NO . 697 /KOL./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 3 OF 3 VIEW THAT THE ORDER PASSED UNDER SECTION 263 IS UNSUSTAINABLE AND CONSEQUENTLY QUASH THE SAME. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD DEC EM BER, 2014. SD/ - SD/ - SHAMIM YAHYA GEORGE MATHAN ( ACCOUNTANT MEMBER) ( JUDICIAL MEMBER) KOLKATA, THE 3 RD D AY OF DEC EM B ER , 201 4 COPIES TO : (1 ) M/S. DECCANS SAFETY GLASS WORKS PVT. LTD., 2, ST. GEORGES GATE ROAD, KOLKATA - 700 022 (2) COMMISSIONER OF INCOME TAX, CIRCLE - 11, KOLKATA, P - 7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA - 700 069 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAH A/SR. P.S.