ACIT , Circle-26(2), New Delhi V. VNG Packaging Pvt. Ltd., New Delhi

ITA 7699/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5724 (ITAT-DELHI)
• Duration Of Justice: 3 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 18-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 263; 143(3)

Judgement Text

I.T.A. No. 7699/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “H” NEW DELHI ] BEFORE SHRI G. S. PANNU, PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं./I.T.A No. 7699/Del/2019 िनधाᭅरणवषᭅ/Assessment Year: 2010-11 ACIT, Circle : 26 (2) New Delhi. बनाम Vs. M/s. VNG Packaging Pvt. Ltd. [Earlier known as M/s. Conton Textiles Mills Pvt. Ltd.] 206, 2 nd Floor, Vardhman Shrenik Plaza, Pocket-B, LSP, Mayur Vihar, Phase-II, Delhi – 110 091. PAN : AACCC9563D अपीलाथᱮ / Appellant ᮧ᭜यथᱮ / Respondent िनधाᭅᳯरतीकᳱओरसे / Assessee by : Shri Rajeev Ahuja, Advocate; राज᭭वकᳱओरसे / Department by : Shri Vivek Verma, [CIT] - D. R.; सुनवाईकᳱतारीख/ Date of hearing : 19/09/2022 उ᳃ोषणाकᳱतारीख/Pronouncement on : 19/09/2022 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal filed by the Revenue is against the order of the ld. Commissioner of Income Tax (Appeals)-24 [hereinafter referred to as I.T.A. No. 7699/Del/2019 2 CIT (Appeals)] New Delhi, dated 18.07.2019 for the assessment year 2010-11. 2. The Revenue In its appeal has raised the following substantive ground of appeal:- “ On the facts and circumstances of the case, the ld. CIT (A) has erred in allowing the appeal of the assessee and allowing relief of Rs.12,10,13,000/- (addition made under section 68 of the Act by the Assessing Officer) without appreciating the detailed findings given by the AO in assessment order.” 3. The ld. Counsel for the assessee submits that this appeal of the Revenue arises out of the order passed by the Assessing Officer under section 143(3) read with section 263 while giving effect to the order passed by the ld. Pr. CIT under section 263 of the Income Tax Act, 1961 (the Act). The ld. Counsel submits that the order passed by the ld. Pr. CIT under section 263 of the Act was quashed by the ITAT, by order dated 8.04.2019 in ITA. No. 2742/Del/2017 which was also affirmed by the High Court and the SLP filed by the Revenue was dismissed by the Hon’ble Supreme Court and the orders are placed in the paper book at pages 1 to 32. The ld. Counsel, therefore, submits that since the ITAT quashed the order passed by the ld. PCIT under section 263, the consequential assessment made by the Assessing Officer under section 143(3) read with section 263 of the Act will not survive and consequently, the appeal of the Revenue became infructuous. 4. The ld. DR fairly submits that the Tribunal vide order dated 26.07.2019 in ITA. No. 693/Del/2019 quashed the order passed by the Pr. CIT under section 263 of the Act, therefore, in view of the order of the Tribunal the present appeal of the Revenue which arises out I.T.A. No. 7699/Del/2019 3 of consequential assessment made pursuant to the order of the ld. Pr. CIT became infructuous. 5. On hearing both the parties and perusing the orders placed on record we notice that the Tribunal vide order dated 26.07.2019 in ITA. No. 693/Del/2019 had quashed the order passed by the ld. Pr. CIT under section 263 of the Act. The order of the Tribunal was also affirmed by the Hon’ble High Court in ITA. No. 693/Del/2019 dated 26.07.2019. Further the SLP No. 12966 of 2020 filed by the Revenue against the decision of the Hon’ble High Court was also dismissed by the Hon’ble Supreme Court vide order dated 4.08.2020. In the circumstances the present appeal of the Revenue which arises from the consequential assessment made under section 143(3) read with section 263 of the Act will not survive. Thus the same is liable to be dismissed. 6. In the result, the appeal of the Revenue is dismissed as infructuous. Order pronounced in the open court on : 19/09/2022. Sd/- Sd/- ( G. S. PANNU ) ( C. N. PRASAD ) PRESIDENT JUDICIAL MEMBER Dated : 19/09/2022. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; 3. CIT I.T.A. No. 7699/Del/2019 4 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 19.09.2022 Date on which the typed draft is placed before the dictating member 19.09.2022 Date on which the typed draft is placed before the other member 19.09.2022 Date on which the approved draft comes to the Sr. PS/ PS 19.09.2022 Date on which the fair order is placed before the dictating member for pronouncement 19.09.2022 Date on which the fair order comes back to the Sr. PS/ PS 19.09.2022 Date on which the final order is uploaded on the website of ITAT 19.09.2022 Date on which the file goes to the Bench Clerk 19.09.2022 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order