M/s Rave Entertainment (P) Ltd., MUMBAI V. Commissioner of Income Tax-II, Kanpur

ITA 700/LKW/2014

• Counselvise Citation: 70023714 RSA 2014
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 03-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ALOK MITRA
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.700/LKW/2014 ASSESSMENT YEAR:2009 - 10 C.I.T. - II, LUCKNOW. VS M/S RAVE ENTERTAINMENT (P) LTD., THROUGH M/S RELIANCE MEDIA WORKS LTD., FILM CITY COMPLEX, GOREGAON (EAST), MUMBAI - 400 065 (SUCCESSOR TO M/S RAVE ENTERTAINMENT (P) LTD. (RESPONDENT) (APPELLANT) SHRI ABHINAV MEHROTRA, ADVOCATE APPELLANT BY SHRI ALOK MITRA, D.R. RESPONDENT BY 14/10/2014 DATE OF HEARING 10 /12/2014 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT - II, KANPUR DATED 25/03/2014 FOR THE ASSESSMENT YEA R 2009 - 2010 PASSED BY HIM U/S 263 OF THE ACT. 2. THOUGH VARIOUS GROUNDS HAVE BEEN RAISED BY THE ASSESSEE BUT THIS IS THE ONLY GRIEVANCE OF THE ASSESSEE THAT THE REVISIONARY ORDER PASSED BY LEARNED CIT U/S 263 IS NOT JUSTIFIED. 3. DURING THE COURSE OF HEARING BEFORE US, IT WAS SUBMITTED BY LEARNED A.R. OF THE ASSESSEE THAT THE REVISIONARY ORDER HAS BEEN PASSED BY LEARNED CIT AGAINST THE ASSESSMENT ORDER PASSED BY DY.CIT - 4, KANPUR ON 19/12/2011 U/S 144. IT IS FURTHER SUBMITTED THAT THIS ORDER ITSELF HAS BEEN QUASHED BY 2 LEARNED CIT(A) AND THE TRIBUNAL HAS APPROVED THIS ORDER OF CIT(A) IN I.T.A. NO.57/LKW/2013 DATED 28/06/2013. HE SUBMITTED A COPY OF THIS TRIBUNAL DECISION. IT WAS THE SUBMISSION OF LEARNED A.R. OF THE ASSESSEE THAT W HEN THE ASSESSMENT ITSELF HAS BEEN QUASHED, THE SAME CANNOT BE REVISED AS PER THE ORDER OF LEARNED CIT. 4. AS AGAINST THIS, LEARNED D.R. OF THE REVENUE SUPPORTED THE ORDER OF LEARNED CIT. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND FORCE IN THE SUBMISSION S OF LEARNED A.R. OF THE ASSESSEE THAT ONCE THE ASSESSMENT ORDER ITSELF HAS BEEN QUASHED, THE ORDER OF LEARNED CIT IN REVISING THE SAME ASSESSMENT ORDER IS NOT MAINTAINABLE. HENCE, WE DECIDE THIS ISSUE IN FAVOUR OF THE ASSESSEE AND HOLD THAT T HE ORDER OF CIT U/S 263 IS NOT MAINTAINABLE BECAUSE AS PER THE IMPUGNED ORDER, IT IS HELD BY LEARNED CIT THAT THE ASSESSMENT ORDER DATED 19/12/2013 IS CANCELLED BUT THIS ASSESSMENT ORDER HAS ALREADY BEEN QUASHED BY CIT(A) AND THIS ORDER OF CIT(A) WAS APPRO VED BY THE TRIBUNAL. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10 /12/2014. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR