Shree Yogi Steels Pvt.Ltd., Ahmedabad V. The Income tax Officer,Ward-8(3), Ahmedabad

ITA 824/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1495 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 30-05-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 21-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P CHAUDHARY
• Assessee Lawyers: IRA R KAPOOR
• Section: 143(3)

Judgement Text

I.T.A. NO . 824 /AHD/ 20 1 3 ASSESSMENT YEAR: 200 5 - 06 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] I.T.A. NO. 824 /AHD/ 20 1 3 ASSESSMENT YEAR : 200 5 - 06 SHREE YOGI STEELS PVT. LTD. .. .......... .APPELLANT V - 155, SUNRISE PARK, OPP. DR IVE IN CINEMA, AHMEDABAD 380 052. [PAN: AA DCS 8778 H ] VS. INCOME TAX OFFICER, WARD 8(3), AHMEDABAD ............. . RESPONDENT APPEARANCES BY: I RA R. KAPOOR , FOR THE APPELLANT O.P. CHAUDHARY , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : MA Y 30 TH , 201 6 DATE OF PRONOUNCING THE ORDER : MAY 31 ST , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THIS APPEAL, THE A SSESS EE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 1 8 TH FEBRUARY, 201 3 , PASSED BY THE L EARNED CIT(A) , IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) R.W.S. 2 63 OF THE INCOME TAX ACT, 1961 ( THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR 200 5 - 06 . 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING , MS. IRA KAPOOR, LD. COUNSEL FO R THE A SSESSEE, INVITED OUR ATTENTION TO THE FACT THAT THE VERY REVISION ORDER, AS A CONSEQUENCE OF WHICH THE IMPUGNED ASSESSMENT ORDER WAS PASSED, HAS BEEN QU A SH E D BY A CO - OR DINATE BENCH OF THIS T RIBUNAL VI D E OR DER DATE D 10.06.2015 . S HE FILED COPY OF ORD ER SO PASSED BY THE CO - ORDINATE BENCH. IT WAS SUBMITTED THAT SINCE THE VERY FOUNDATION OF THE IMPUGNED ASSESSMENT , IN THE LIGHT OF RELATE D REVISION OR D ER I.T.A. NO . 824 /AHD/ 20 1 3 ASSESSMENT YEAR: 200 5 - 06 PAGE 2 OF 2 HAVING BEEN QUASHED, CEASES TO HOLD GOOD IN LAW, THE IMPUGNED ASSESSMENT ORDER IS ALSO LIABLE TO BE Q UASHED AS NON - EST. 3. LEARNED D EPARTMENTAL REPRESENTATIVE DID NOT HAVE MUCH TO SAY BUT HE NEVERTHELESS RELIED UPON THE MERITS OF THE IMPUGNED A SSESSMENT O RDER. 4. IN VIEW OF THE FACT THAT THE RELATED REVISION ORDER DAT E D 31.03.2011 AS A CONSEQUENCE OF WHIC H THE ASSESSMENT IMPUGNED BEFORE US WAS FRAMED STANDS QUASHED, THE IMPUGNED ASSESSMENT ORDER ALSO MUST STAND QUASHED. WE HOLD SO. ACCORDINGLY , THE ASSESSMENT IS HELD TO BE NON - EST AND OTHER ISSUES RAISED IN THE APPAL ARE RENDERED INFRUCTUOUS. 5. IN THE R ESULT, APPEAL IS ALLOWED IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 31 ST DAY OF MAY , 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DA TED: THE 31 ST DAY OF MAY , 2016. COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD