Assistant Commissioner of Income-tax, Circle -7, , Pune V. The Deccan Paper Mills Comapny Ltd, Pune

ITA 699/PUN/2019

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0060 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 01-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHAVAL SHAH THROUGH VIRTUAL
• Assessee Lawyers: SUHAS DABADE THROUGH PHYSICAL
• Keywords: Revision of order
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, PUNE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA No. 699 and 700/PUN/2019 A.Y. 2009-10 & 2010-11 The Asstt. CIT Cir. 7, Pune Appellant Vs. The Deccan Paper Mills co. Ltd. Survey N. 96, Mundhwa, Pune-411 036 PAN; AAACD 9775 G Respondent Appellant by : Shri Dhaval Shah (through virtual) Respondent by : Shri Suhas Dabade (through physical) Date of Hearing : 13-05-2022 Date of Pronouncement : 06-06-2022 ORDER PER PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Both these appeals preferred by the Revenue emanates from order of the ld. Commissioner of Income Tax (Appeals)- 1, Pune, dated 28-01-2019 for A.Y. 2009-10 & 2010-11 as per the grounds of appeal on record. 2. At the very outset the parties herein submitted that the facts and issues in both these appeals are identical and similar and therefore, these cases were heard together and are disposed of by this consolidated order. 3. In both these appeals directed against the order of ld. CIT(A) vide para 4, the ld. CIT(A) has observed that vide judgment of Pune Bench of the Tribunal in ITA No. 1013 and 1635/PUN/2014 for A.Y. 2009-10 and 2010-11 the Tribunal has quashed the order of CIT-IV Pune u/s 263 dated 11-03-2014. In view of the fact that the Tribunal has quashed the order passed u/s 263 of the Act and in consequence to the said the ld. CIT(A) was justified in quashing consequential the order passed by the A.O u/s 143(3) r.w.s. 263 of the Act. 4. We have perused the Tribunal’s order in ITA No. 1013 and 1635/PUN/2014 for A.Y. 2009-10 and 2010-11 and find that the order passed 2 ITA No. 699 and 700/PUN/2019 Deccan Paper Mills Co. Ltd. A.Y. 2009-10 & 2010-11 by the CIT u/s 263 of the Act was held to be invalid and was quashed for both the assessment years. The ld. CIT(A) therefore, relying on the said order of the Tribunal had held the consequential assessment order to be infructuous, null and void. We do not find any reason to interfere with the findings of the ld. CIT(A) which are upheld. 5. In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open Court on this 06 th day of June 2022 Sd/- sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated, the 06 th day of June 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CCIT 1, Pune 4. The CIT(A)- 1 Pune 5. D.R. ITAT ‘B’ Bench 5. Guard File BY ORDER, /// TRUE COPY /// Sr. Private Secretary ITAT, Pune. 3 ITA No. 699 and 700/PUN/2019 Deccan Paper Mills Co. Ltd. A.Y. 2009-10 & 2010-11 1 Draft dictated on 13-05-2022 Sr.PS/PS 2 Draft placed before author 30-05-2022 Sr.PS/PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 06-06-2022 Sr.PS/PS 7 Date of uploading of order 06-06-2022 Sr.PS/PS 8 File sent to Bench Clerk 06-06-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order