M/s Metropolitan Engineers Co-Operative Society Ltd., Nadia V. CIT-14, KOLKATA, Nadia

ITA 829/KOL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1738 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 08-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AGAINST
• Keywords: Period of limitation
• Section: 263

Judgement Text

ITA NO. 829/KOL/2015 M/S METROPOLITAN ENGINEERS CO-OPERATIVE SOCIETY LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A B ENCH, KOLKATA BEFORE : SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBE R I.T.A. NO. 829/KOL/2015 A.Y : 2010-11 M/S METROPOLITAN ENGINEERS CO-OPERATIVE SOCIETY LTD . C/O, P.S.GUPTA(ADVOCATE) 100,BANK LANE, HATAR PARA P.O.-KRISHNAGAR, NADIA PIN-741101. PAN: AAEFM 4520 H AP PELLANT -VS- CIT-14, KOLKATA. SHRI VIKRAMADITYA, JT. CIT,RANGE-NADIA, INCOME TAX OFFICE, 2 ND FLOOR, KURCHIPOTA LANE P.O.-KRISHNAGAR, DIST.-NADIA, PIN-741101 RESPONDENT APPEARANCES BY: FOR APPELLANT ASSESSEE: SHRI K.M.ROY, FCA FOR RESPONDENT REVENUE: SHRI ANAND R.BAIWAR,C IT DATE OF HEARING : 26-10- 2017 DATE OF PRONOUNCEMENT : 19-01-2018 SHRI. S.S.VISWANETHRA RAVI, JM: 1. THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER D ATED 30.03.2015 PASSED BY THE CIT-14, KOLKATA FOR ASSESSMENT YEAR 2 010-11 U/S 263 OF THE ACT. ITA NO. 829/KOL/2015 M/S METROPOLITAN ENGINEERS CO-OPERATIVE SOCIETY LTD. 2 2. AT THE TIME OF HEARING ON 24-10-2017, IT WAS NO TICED THAT THE IMPUGNED ORDER WAS PASSED ON 30.03.2015 U/S 263 OF THE ACT. WE DIRECTED LD. AR AND LD.DR TO FIND OUT WHETHER THE AO PASSED ORDER GIVING EFFECT TO DIRECTIONS OF THE CIT U/S 263 AND POSTED THE MATTER FOR HEARING ON 26-10- 2017. ON 26.10.2017, THE LD. AR SUBMITTED THAT SO F AR THE ASSESSEE DID NOT RECEIVE ANY NOTICES FROM AO IN GIVING EFFECT PROCEE DINGS AND NO ORDER WHATSOEVER RECEIVED TILL NOW. THE LD. DR SUBMITTED THAT NO SUCH ORDER WAS PASSED BY THE AO IN PURSUANCE OF THE DIRECTIONS OF CIT. THEREFORE, WE PROCEED TO DISPOSE OFF THE MATER BY TAKING INTO CON SIDERATION THE SUBMISSIONS OF THE BOTH THE ARS AND BY PERUSING MA TERIAL AVAILABLE ON RECORD. 3. HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MAT ERIAL AVAILABLE ON RECORD. THE PERIOD OF LIMITATION TO PASS GIVING EFF ECT ORDER IN PURSUANCE OF 263 PROCEEDINGS IS CONTEMPLATED UNDER SECTION 153 O F THE ACT AND THE SUB- SECTION (2A) TO SECTION 153 IS READ AS UNDER: SECTION - 153, INCOME-TAX ACT, 1961-2014 TIME LIMIT FOR COMPLETION OF ASSESSMENTS AND REASSE SSMENTS. 153. (1) (A) ; OR (B), WHICHEVER IS LATER : PROVIDED : PROVIDED FURTHER (I) ; OR (II), 96 [ PROVIDED ALSO .] (1A). (1B). (2): PROVIDED : PROVIDED FURTHER : PROVIDED ALSO ITA NO. 829/KOL/2015 M/S METROPOLITAN ENGINEERS CO-OPERATIVE SOCIETY LTD. 3 (I); OR (II), : 97 [ PROVIDED ALSO .] (2A) NOTWITHSTANDING ANYTHING CONTAINED IN SUB-SECT IONS (1), (1A), (1B) AND (2), IN RELATION TO THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF AP RIL, 1971, AND ANY SUBSEQUENT ASSESSMENT YEAR, AN ORDER OF FRESH ASSESSMENT IN PU RSUANCE OF AN ORDER UNDER SECTION 250 OR SECTION 254 OR SECTION 263 OR SECTION 264, S ETTING ASIDE OR CANCELLING AN ASSESSMENT, MAY BE MADE AT ANY TIME BEFORE THE EXPIRY OF ONE YE AR FROM THE END OF THE FINANCIAL YEAR IN WHICH THE ORDER UNDER SECTION 250 OR SECTION 254 IS RECEIVED BY THE 98 [PRINCIPAL CHIEF COMMISSIONER OR] CHIEF COMMISSIONER OR 98 [PRINCIPAL COMMISSIONER OR] COMMISSIONER OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 OR SEC TION 264 IS PASSED BY THE 98 [PRINCIPAL CHIEF COMMISSIONER OR] CHIEF COMMISSIONER OR 98 [PRINCIPAL COMMISSIONER OR] COMMISSIONER: PROVIDED : 98 [ PROVIDED FURTHER : PROVIDED ALSO (I) ; OR (II),: 1 [ PROVIDED ALSO .] (3) (I) [***] (II) ; (III). (4). EXPLANATION 1. (I), OR (II), OR (IIA), OR* 2 [(III) (A); OR (B)] (IV), OR (IVA), OR (V), OR (VI) , OR (VII), OR 5 [(VIII),] 6 [OR] (IX) 7 [***] 4. THE SUB-SECTION (2A) OF SECTION 153 OF THE ACT P ROVIDES THE PERIOD FOR PASSING FRESH ASSESSMENT IN PURSUANCE OF AN ORDER U /S SECTION 263 AT ANY TIME BEFORE THE EXPIRY OF ONE YEAR FROM THE END OF FINANCIAL YEAR IN WHICH THE ORDER U/S 263 PASSED. WE FIND THAT THE ORDER U/ S 263 WAS PASSED ON 30- ITA NO. 829/KOL/2015 M/S METROPOLITAN ENGINEERS CO-OPERATIVE SOCIETY LTD. 4 03-2015. THUS, THE AO SHOULD HAVE PASSED GIVING EFF ECT ORDER IN PURSUANCE OF AN ORDER U/S SECTION 263 WITHIN ONE YEAR FROM TH E END OF FINANCIAL YEAR I.E. ON OR BEFORE 31-03-2016. WE NOTE FROM THE SUBM ISSIONS OF BOTH LD. AR AND LD. DR THAT NO SUCH CONSEQUENTIAL ORDER WAS PAS SED BY THE AO TILL 31- 03-2016.CONSEQUENTLY, THIS APPEAL FILED BY THE ASSE SSEE HAS BECOME INFRUCTUOUS AS RIGHTLY SUBMITTED BY THE LD.AR AND T HE SAME IS LIABLE TO BE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19- 01-2018. SD/- SD/- P.M.JAGTAP S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 19-01-2018 COPIES TO : (1) APPELLANT/DEPARTMENT: M/S METROPOLITAN ENGINEE RS CO-OPERATIVE SOCIETY LTD. (2) RESPONDENT/ASSESSEE: CIT-14, KOLKATA (3)COMMISSIONER OF INCOME-TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SR.PS/H.O.O ITAT, KOLKATA