ASST CIT CEN CIR 10, MUMBAI V. ROCHEM SEPERATION SYSTEMS (I) P. LTD, MUMBAI

ITA 7657/MUM/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1832 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-01-2013
• Assessment Year: 2000-2001
• Appeal Filed On: 11-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIPAK KUMAR SINHA
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D BENCH BEFORE SHRI R.S.SYAL(AM) AND DR.T.M PAVALAN (JM) ITA NO.7657/MUM/2011 ASSESSMENT YEAR: 2000-2001 ACIT, CENT. CIRCLE-10, R.NO.802, 8 TH FLOOR, OLD CGO ANNX BUILDING, M.K. ROAD, MUMBAI. ROCHEM SEPARATION SYSTEMS (I) P.LTD., 101, DHEERAJ ARMA ANANT KANEKAR MARG, BANDRA (W),MUMBAI-50 PA NO.AABCR 1955 P (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI DIPAK KUMAR SINHA RESPONDENT BY: SHRI GAURAV BANSAL DATE OF HEARING: 24.1.2013 DATE OF PRONOUNCEMENT: 30 .1.2013 ORDER PER R.S.SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 3.8.2011 IN RELATION TO THE ASSESSMENT YEAR 200 0-2001. 2. THE ONLY GRIEVANCE RAISED BY THE REVENUE IN ITS APPEAL IS AGAINST THE DELETION OF ADDITION MADE BY THE CIT(A) ON THE PREM ISE THAT THE ORDER PASSED BY LD CIT U/S.263 STOOD CANCELLED BY THE TRIBUNAL. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD, IT IS OBSERVED THAT THE AO PASSED THE PR ESENT ORDER U/S.143(3) R.W.S 263 PURSUANT TO THE ORDER PASSED BY LD CIT. THE SA ID ORDER PASSED BY THE AO ITA NO.7657/MUM/2011 ASSESSMENT YEAR: 2000-2001 2 U/S.143(3) R.W.S 263 DATED 25.10.2010 CAME UP FOR A DJUDICATION BEFORE THE CIT(A), WHO VIDE THE IMPUGNED ORDER DELETED THE ADD ITION BY NOTING THAT THE REVISIONAL ORDER U/S.263 WAS SET ASIDE BY THE TRIBU NAL. A COPY OF THE ORDER PASSED BY THE TRIBUNAL AGAINST THE ORDER OF LD CIT U/S.263 HAS BEEN PLACED ON RECORD BY LD A.R. IT CAN BE SEEN FROM THE SAID ORD ER DATED 24.6.2011 IN I.T.A. NO.4127/MUM/2010 THAT ASSESSEES APPEAL WAS ALLOWED BY QUASHING THE 263 PROCEEDINGS. IN VIEW OF THE FACT THAT THE VERY FOU NDATION OF THE SECOND ROUND OF ASSESSMENT, BEING THE ORDER PASSED BY LD CIT U/S.26 3 DOES NO MORE SURVIVE, THERE CAN BE NO QUESTION OF PROCEEDING WITH THE APP EAL PURSUANT TO THE SAID ASSESSMENT IN THE SECOND ROUND. WE, THEREFORE, APP ROVE THE VIEW TAKEN BY LD CIT(A) AND DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT, APPEAL FILED BY REVENUE IS DISMIS SED. PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY, 2013 SD/- (DR.T.M PAVALAN) JUDICIAL MEMBER SD/- (R.S.SYAL) ACCOUNTANT MEMBER MUMBAI, DATED 30 TH JANUARY, 2013 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),37, MUMBAI 4. COMMISSIONER OF INCOME TAX, C-1, MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH D MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI