Dabur Invest Corp, New Delhi V. JCIT, Range-46, New Delhi

ITA 771/DEL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7628 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 01-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay; Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NOS.771 & 772/DEL/2019 ASSESSMENT YEARS: 2013-14 & 2014-15 STAY APPLICATION NOS.111 & 112/DEL/2019 (ITA NOS.771 & 772/DEL/2019 ASSESSMENT YEARS: 2013-14 & 2014-15) DABUR INVEST CORP., 4 TH FLOOR, PUNJABI BHAWAN, 10, ROUSE AVENUE, NEW DELHI. PAN: AADFD2529G VS JCIT, RANGE-46, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M.P. RASTOGI, ADVOCATE REVENUE BY : NONE DATE OF HEARING : 25.04.2019 DATE OF PRONOUNCEMENT : 25.04.2019 ORDER PER R.K. PANDA, AM: THE ABOVE TWO APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE SEPARATE ORDERS DATED 28 TH DECEMBER, 2018 AND 31 ST DECEMBER 2018 OF THE CIT(A)-16, NEW DELHI, RELATING TO ASSESSMENT YEARS 2013-14 AND 201 4-15, RESPECTIVELY. FOR THE SAKE OF CONVENIENCE, BOTH THE APPEALS WERE HEARD TOGETHER A ND ARE BEING DISPOSED OF BY THIS COMMON ORDER. ITA NOS.771 & 772/DEL/2019 SA NOS.111 & 112/DEL/2019 2 2. NONE REPRESENTED ON BEHALF OF THE REVENUE IN THE SE CASES ON THE GROUND THAT THE REVENUE HAS FILED APPEAL AGAINST THE ORDER OF THE T RIBUNAL WHICH IS PENDING. THE ORAL REQUEST FOR ADJOURNMENT WAS REJECTED AND THE MATTER WAS DISPOSED OF ON THE BASIS OF THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE . 3. THE ASSESSEE IN THE VARIOUS GROUNDS OF APPEAL IN BOTH THE APPEALS HAS CHALLENGED THE ORDER OF THE CIT(A) IN CONFIRMING THE VARIOUS A DDITIONS MADE BY THE ASSESSING OFFICER IN THE ORDER PASSED U/S 143(3)/263 OF THE I T ACT, 1961. 4. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE ASSESSING OFFICER HAS PASSED THE ORDER U/S 143(3) R.W.S. 263 OF THE ACT FOR BOTH THE ASSESSMENT YEARS DETERMINING THE TOTAL INCOME AT RS.246,99,28, 487/- FOR ASSESSMENT YEAR 2013-14 AND RS.246,97,30,175/- FOR ASSESSMENT YEAR 2014-15. REFERRING TO THE COPY OF THE ORDER OF THE TRIBUNAL VIDE ITA NOS.1763 & 1764/DEL/ 2018, ORDER DATED 11 TH MARCH, 2019 FOR ASSESSMENT YEARS 2013-14 AND 2014-15 RESPE CTIVELY, HE SUBMITTED THAT THE ORDER PASSED BY THE CIT U/S 263 HAS BEEN QUASHED BY THE TRIBUNAL AND THEREFORE, THE SUBSEQUENT ORDERS PASSED BY THE A.O. AND CIT (A) DO NOT HAVE ANY LEGS TO STAND. HE ACCORDINGLY SUBMITTED THAT THE APPEALS FILED BY THE ASSESSEE HAVE TO BE ALLOWED FOR BOTH THE YEARS. 5. WE HAVE HEARD THE LD. COUNSEL FOR THE ASSESSEE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS AN ADMITTED FACT THAT T HE ASSESSING OFFICER, IN THE INSTANT CASES, HAS PASSED ORDERS U/S 143(3)/263 FOR BOTH TH E YEARS. WE FIND THE TRIBUNAL IN ITA NOS.1763 & 1764/DEL/2018, ORDER DATED 11 TH MARCH, 2019, FOR THE IMPUGNED ITA NOS.771 & 772/DEL/2019 SA NOS.111 & 112/DEL/2019 3 YEARS HAS QUASHED THE SECTION 263 PROCEEDINGS INITI ATED BY THE CIT AND RESTORED THE ORDER OF THE ASSESSING OFFICER. THE RELEVANT OBSER VATIONS OF THE TRIBUNAL AT PARA 74 OF THE ORDER READS AS UNDER:- 74. CONSIDERING THE FACTS OF THE CASE IN HAND IN T OTALITY, FROM ALL POSSIBLE ANGLES, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSMENT O RDERS FRAMED U/S 143(3) ARE NEITHER ERRONEOUS NOR PREJUDICIAL TO THE INTEREST O F THE REVENUE. THE ORDERS OF THE PCIT ARE, ACCORDINGLY, SET ASIDE AND THAT OF THE AS SESSING OFFICER ARE RESTORED. 6. SINCE THE ORDERS PASSED U/S 263 HAVE BEEN QUASHED B Y THE TRIBUNAL FOR BOTH THE ASSESSMENT YEARS UNDER APPEAL, THEREFORE, THE SUBSE QUENT ORDERS PASSED BY THE ASSESSING OFFICER AND CIT(A) DO NOT HAVE ANY LEGS T O STAND AND HAVE TO BE QUASHED. WE HOLD AND DIRECT ACCORDINGLY. THE APPEALS FILED BY THE ASSESSEE FOR BOTH THE ASSESSMENT YEARS ARE ACCORDINGLY ALLOWED. STAY APPLICATIONS NOS.111 & 112/DEL/2019 7. SINCE THE APPEALS FILED BY THE ASSESSEE ARE HEARD A ND DECIDED IN THE PRECEDING PARAGRAPHS, THE STAY APPLICATIONS FILED BY THE ASSE SSEE HAVE BECOME INFRUCTUOUS AND ARE DISMISSED. 8. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESS EE ARE ALLOWED AND BOTH THE STAY APPLICATIONS FILED BY THE ASSESSEE ARE DISMISS ED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT AT T HE TIME OF HEARING ITSELF I.E., ON 25.04.2019. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMFBER DATED: 25 TH APRIL, 2019 ITA NOS.771 & 772/DEL/2019 SA NOS.111 & 112/DEL/2019 4 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI