M/s ARCL Organics Ltd., Kolkata V. PCIT-3, Kolkata, Kolkata

ITA 775/KOL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1378 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 19-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM AND SHRI ABY. T. VARKEY, JM] I.T.A. NO. 775/KOL/2017 ASSESSMENT YEAR: 2012-13 M/S. ARCL ORGANICS LTD. ..........................................................APPELLANT GAGANTARA BUILDING, 15, CAMAC STREET, KOLKATA 700 017 [PAN : AACCA 2121 P] PR. CIT 3 KOLKATA..............................RESPONDENT AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069 APPEARANCES BY: SHRI V.N. PUROHIT, FCA APPEARING ON BEHALF OF THE ASSESSEE. SHRI P.K. SRIHARI, CIT (DR) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 08, 2018 DATE OF PRONOUNCING THE ORDER : MARCH 14, 2018 ORDER PER P.M. JAGTAP, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. PR. CIT 3, KOLKATA DATED 14.03.2017 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 WHEREBY HE SET ASIDE THE ORDER PASSED BY THE A.O. UNDER SECTION 143(3) DATED 20.02.2015 WITH THE DIRECTION TO THE A.O. TO PASS A FRESH ASSESSMENT ORDER CONSIDERING THE OBSERVATIONS RECORDED BY HIM. 2. AT THE TIME OF HEARING BEFORE THE TRIBUNAL, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSING OFFICER HAS ALREADY COMPLETED A FRESH ASSESSMENT IN PURSUANCE OF THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) UNDER SECTION 263 AND IN THE ASSESSMENT SO COMPLETED UNDER SECTION 143(3) / 263 VIDE AN ORDER DATED 2 I.T.A. NO. 775/KOL/2017 ASSESSMENT YEAR: 2012-13 M/S. ARCL ORGANICS LTD. 30.12.2017, HE HAS DETERMINED THE TOTAL INCOME OF THE ASSESSEE AT THE SAME FIGURE OF RS. 31,11,050/- AS ASSESSED ORIGINALLY WITHOUT MAKING ANY FURTHER ADDITION. HE HAS CONTENDED THAT THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) PASSED UNDER SECTION 263 THUS HAS BECOME INFRUCTUOUS AND IS LIABLE TO BE DISMISSED ACCORDINGLY. SINCE THE LEARNED DR AS NOT RAISED ANY OBJECTION IN THIS REGARD, WE DISMISS THIS APPEAL FILED BY THE ASSESSEE BY TREATING THE SAME AS INFRUCTUOUS. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH MARCH, 2018. SD/- SD/- (ABY.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 14/03/2018 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. ARCL ORGANICS LTD., GAGANTARA BUILDING, 15, CAMAC STREET, KOLKATA 700 017. 2. PR. CIT 3, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA