ASST CIT 21(3), MUMBAI V. VIJAYRAJ PROPERTIES, MUMBAI

ITA 7357/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2818 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 09-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F , MUMBAI , , BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND SHRI ASHWANI TANEJA , ACCOUNTANT MEMBER ITA NO. : 7 3 5 7 /MUM/201 4 (ASSESSMENT YEAR: 2007 - 08 ) ASST. COMMISSIONER OF INCOME TAX - 2 1 (3), 2 ND FLOOR, ROOM NO.209, PIRAMAL CHAMBERS, PAREL, MUMBAI - 400 01 2 VS M/S VIJAYRAJ PROPERTIES , 102, ADITI BUILDING, SHIVESE NA BHAVAN PETH, SHIVAJI PARK, DADAR (WEST), MUMBAI - 400 028 . PAN: AA DFV 0536 F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAVINDER SINDHU RESPONDENT BY : SHRI NE ELAM JADHAV /DATE OF HEARING : 11 - 0 7 - 201 6 / DATE OF PRONOUNCEMENT : 11 - 0 7 - 2016 ORDER , : PER AMIT SHUKLA , J M: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST IMPUGNED ORDER DATED 22 . 09 .2014, PASSED BY CIT(A) - 19 , MUMBAI FOR THE QUANTUM OF ASSESSMENT PASSED UNDER SECTION 143(3) R.W.S 263 FOR THE ASSESSMENT YEAR 200 7 - 08 ON THE FOLLOWING GROUNDS OF APPEAL: - ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CI T(A) WAS NOT JUSTIFIED IN DELETING THE DISALLOWANCE OF CARRY FORWARD OF LOSS OF RS.80,97,803/ - MADE BY THE AO. 2 M/S VIJAYRAJ PROPERTIES ITA 7 3 57 /MUM/2014 2. AT THE OUTSET, THE LD. COUNSEL SUBMITTED THAT PRESENT APPEAL IS ARISING OUT OF ORDER GIVING EFFECT IN PURSUANCE OF ORDER PASSED BY LD. CIT PASSED UNDER SECTION 263. THE TRIBUNAL IN THE APPEAL AGAINST THE SAID ORDER PASSED BY CIT UNDER SECTION 263 HAS CANCELLED / QUASHED THE ORDER OF CIT AND, THEREFORE, ANY CONSEQUENT ORDER PASSED IN PURSUANCE OF SUCH ORDER HAS NO LEGS TO STAND. 3. THE LD. D R HAS ALSO ADMITTED TO THIS FACT. 4. AFTER CONSIDERING THE AFORESAID FACT AND ON PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT THE LD. CIT(A) TOO HAS NOTED THIS FACT IN HIS IMPUGNED ORDER AT PAGE 2 AND 3 THAT TRIBUNAL HAS CANCELLED THE ORDER OF CIT UNDER SE CTION 263 . ONCE THE ORDER UNDER SECTION 263 ITSELF HAS BEEN QUASHED, THEN CONSEQUENT ORDER PASSED BY THE AO IN PURSUANCE OF SUCH AN ORDER UNDER SECTION 263 HAS NO LEGS TO STAND AND ACCORDINGLY, GROUND RAISED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JULY, 2016 SD/ - SD/ - ( ) ( ) ( ASHWANI TANEJA ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICI AL MEMBER MUMBAI, DATE: 11 TH JULY, 2016 / COPY TO: - 1 ) / THE APPELLANT. 2 ) / THE RESPONDENT. 3 ) THE C IT ( A ) 19 , MUMBAI . 4 ) THE C IT - 18 , MUMBAI 3 M/S VIJAYRAJ PROPERTIES ITA 7 3 57 /MUM/2014 5 ) , , / THE D.R. F BENCH, MUMBAI. 6 ) \ COPY TO GUARD FILE. / BY ORDER / / TRUE COPY / / / , DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI * . . *CHAVAN, SR.PS