LATE SHRI VASANT C. GIRDE THROUGH L/H SMT. VAISHALI VASANT GIRDE, Nagpur V. ITO, WARD- 1(2), Nagpur

ITA 78/NAG/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2171 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 11-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Assessee Lawyers: S C THAKAR
• Section: 143(3); 263

Judgement Text

1 ITA NOS. 78 & 79/NAG/2015 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 78/NAG/2015. ASSESSMENT YEAR : 2008 - 09. LATE SHRI VASANT C. GIRDE, THE INCOME - TAX OFFICER, THROUGH L/H SMT. VAISHALI VS. WARD - 1(2), NAGPUR. VASANT GIRDE, NAGPUR. PAN ACFPG2968N. APPELLANT. RESPONDENT. I.T.A. NO. 7 9 /NAG/2015. ASSESSMENT YEAR : 2008 - 09. SHRI MANOHAR C. GIRDE, THE INCOME - TAX OFFICER, NAGPUR. VS. WARD - 1(2), NAGPUR. PAN ACFPG2969P. APPELLANT. RESPONDENT. APPELLANT BY : SHRI S.C. THAKAR. RESPONDENT BY : SHRI A.R. NINAWE. DATE OF HEARING : 13 - 06 - 2016 DATE OF PRONOUNCEMENT : 17 TH JUNE, 2016 O R D E R PER SHRI SHAMIM YAHYA, A.M. THESE ARE APPEALS BY THE SEPARATE ASSESSEES AGAINST THE ORDERS OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 28 - 11 - 2014. 2. AT THE OUTSET IN THIS CASE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSMENTS IN THESE CASES HAVE BEEN PASSED BY THE INCOME - TAX OFFICER U/S 143(3) OF I.T. ACT READ WITH SECTION 263 OF I.T. ACT. IN THIS REGARD LEARNED COUNSEL SUBMITTED THAT ORD ER U/S 263 WAS QUASHED BY THE ITAT VIDE ORDER DATED 2 ITA NOS. 78 & 79/NAG/2015 16 TH SEPT., 2015 IN ITA NOS. 49 AND 50/NAG/2013 IN THE CASE OF BOTH THE RESPECTIVE ASSESSEES. HENCE THE LEARNED COUNSEL SUBMITTED THAT SINCE THE ORDER U/S 263 HAS BEEN QUASHED BY THE ITAT , THESE ASSESSMEN TS PURSUANT TO THE ABOVE 263 ORDER ARE NOW WITHOUT ANY BASIS AND HENCE ARE LIABLE TO BE QUASHED AS SUCH.. 3. LEARNED D.R. DID NOT DISPUTE THIS POSITION AND ACCEPTED THAT ITAT IN THE CASE OF BOTH THE ASSESSEES HAS QUASHED THE ORDER U/S 263 WHICH IS THE BASI S OF ASSESSMENT IN THE PRESENT APPEALS. 4. CONSIDERING THE ABOVE FACTS AND CIRCUMSTANCES, WE HOLD THAT THE ASSESSMENTS IN THESE CASES DOES NOT SURVIVE AS THE ORDER U/S 263 PURSUANT TO WHICH THESE HAVE BEEN MADE HAVE BEEN QUASHED BY THE ITAT. ACCORDINGLY TH ESE ASSESSMENTS ARE QUASHED AND THE ISSUE DECIDED IN FAVOUR OF THE ASSESSEE. 5. IN THE RESULT, BOTH THE APPEALS STAND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF JUNE, 2016. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 17 TH JUNE, 2016. 3 ITA NOS. 78 & 79/NAG/2015 COPY FORWARDED TO : 1. LATE SHRI VASANT C. GIRDE, THROUGH L/H SMT. VAISHALI VASANT GIRDE, 375, GANDHI NAGAR, NAGPUR - 440010 2. SHRI MANOHAR C. GIRDE, 375, GANDHI NAGAR, NAGPUR - 440010. 3. I.T.O., WARD - 1(2), NAGPUR. 4. C.I.T. I, NAGPUR. 5. CIT(APPEALS), - I, NAGPUR. 6. D.R., ITAT, NAGPUR. 7. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE.