The Dharmaj Peoples Co.Op. Bank Ltd., Anand V. The DCIT, Baroda

ITA 826/AHD/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0543 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-09-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 21-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: UKTI SHAH
• Section: 143(3); 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ITA.NO.826/AHD/2014 / ASSTT. YEAR: 2007-2008 THE DHARMAJ PEOPLES CO-OP. BANK LTD. NR. TOWER, BAZAR AT & POST DHARMAJ, TAL. PETLAD DIST: ANAND 388 430. PAN : AAACT 8600 Q VS DCIT, CIR.3 BARODA. ! / (APPELLANT) '# ! / (RESPONDENT) ASSESSEE BY : UKTI SHAH, AR REVENUE BY : SHRI JAMES KURIAN, SR.DR / DATE OF HEARING : 28/09/2016 / DATE OF PRONOUNCEMENT: 28/09/2016 $%/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER ASSESSEE IS IN APPEAL AGAINST THE ORDER OF THE LD.C IT(A)-I, BARODA DATED 02.01.2014 FOR THE ASTT.YEAR 2007-08. 2. LD.COUNSEL FOR THE ASSESSEE, AT THE VERY OUTSET, SUBMITTED THAT ASSESSMENT ORDER UNDER SECTION 143(3) WAS PASSED IN THE CASE OF THE ASSESSEE ON 27.11.2009 WHEREBY INCOME OF THE ASSESSEE WAS DE TERMINED AT RS.12,14,780/- AS AGAINST RETURNED INCOME OF RS.11, 52,279/-. THE LD.COMMISSIONER TOOK COGNIZANCE UNDER SECTION 263 O F THE INCOME TAX ACT, 1961 AND SET ASIDE THE ASSESSMENT BY ORDER DATED 29 .2.2012. IN PURSUANCE OF ITA NO.826/AHD/2014 2 LD.COMMISSIONERS ORDER A FRESH ASSESSMENT ORDER WA S PASSED BY THE AO ON 26.4.2012. DISSATISFIED WITH THIS ORDER PASSED UND ER SECTION 143(3) R.W.S. 263, THE ASSESSEE FILED AN APPEAL BEFORE THE LD.CIT (A). THE APPEAL OF THE ASSESSEE HAS BEEN PARTLY ALLOWED BY THE LD.CIT(A) B Y WAY OF IMPUGNED ORDER. SHE POINTED OUT THAT ORDER DATED 29.2.2012 PASSED B Y THE LD.COMMISSIONER UNDER SECTION 263 WAS CHALLENGED BEFORE THE TRIBUNA L IN ITA NO.881/AHD/2012. THIS APPEAL OF THE ASSESSEE HAS B EEN ALLOWED AND THE ORDER OF THE LD.COMMISSIONER WAS QUASHED, MEANING T HEREBY, THE PROCEEDINGS EMANATING FOR GIVING EFFECT TO THIS ORDER WOULD BEC OME INFRUCTUOUS AND REDUNDANT, BECAUSE, VERY JURISDICTION IN THE AO INF USED BY THE ORDER DATED 29.2.2012 HAS BEEN EXTINGUISHED. CONSEQUENTLY, THE APPEAL OF THE ASSESSEE DESERVES TO BE ALLOWED AND ORDER PASSED IN PURSUANC E OF ORDER UNDER SECTION 263 OF THE ACT DESERVES TO BE QUASHED. WE ALLOW TH E APPEAL OF THE ASSESSEE AND QUASH THE ORDER PASSED BY THE LD.AO DATED 26.4. 2012 WHILE GIVING EFFECT TO THE ORDER OF THE LD.COMMISSIONER PASSED UNDER SE CTION 263. IN THIS SITUATION, ORIGINAL ASSESSMENT ORDER IS REVIVED. I N VIEW OF THE ABOVE, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT ON 28 TH SEPTEMBER, 2016 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANTN MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 28/09/2016