M/s Axind Software Development Services Pvt. Ltd., Chandigarh V. ITO, Chandigarh

ITA 871/CHANDI/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4504 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 02-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JYOTI KUMARI
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH A, CHANDIGARH BEFORE SHRI T.R. SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO. 871/CHD/2013 ASSESSMENT YEAR : 2007-08 AXIND SOFTWARE DEVELOPMENT VS. I.T.O. WARD 4(4) SERVICES PVT LTD CHANDIGARH CHANDIGARH (APPELLANT) (RESPONDENT) APPELLANT BY SHRI TEJ MOHAN SINGH RESPONDENT BY: SHRI JYOTI KUMARI DATE OF HEARING 1.10.2013 DATE OF PRONOUNCEMENT 18.10.2013 O R D E R PER T.R.SOOD, A.M THIS APPEAL IS DIRECTED AGAINST THE ORDER DATED 31. 7.2013 OF THE LD. CIT(A), CHANDIGARH. 2 AT THE OUTSET THE LD. COUNSEL OF THE ASSESSEE SUB MITTED THAT IN THIS CASE THE APPEAL RELATES TO ASSESSMENT ORDER WHICH HAS BEEN PASSED IN PURSUANCE OF REVISIONARY ORDER P ASSED U/S 263 OF INCOME TAX ACT. ON APPEAL THE TRIBUNAL HAS A LREADY QUASHED THE ORDER PASSED U/S 263 AND ALLOWED THE AP PEAL OF THE ASSESSEE. IN THIS RESPECT HE FILED A COPY OF TH E ORDER OF THE TRIBUNAL IN ITA NO. 555/CHD/2-12. THEREFORE, IN VI EW OF THE QUASHING OF REVISIONARY ORDER PASSED U/S 263, THE ASSESSMENT WILL NOT SURVIVE. 3 ON THE OTHER HAND, THE LD. DR FOR THE REVENUE STR ONGLY SUPPORTED THE ORDER OF THE LD. CIT(A). 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT THE TRIBUNAL HAS ALREADY QUASHED THE REVISIONARY ORDER PASSED U/S 263, THEREFORE, ASSESSMENT MADE IN PURSUANCE TO SU CH REVISIONARY ORDER WILL NOT SURVIVE. ACCORDINGLY W E ANNUAL THE 2 ASSESSMENT MADE IN PURSUANCE OF REVISIONARY ORDER P ASSED U/S 263 OF INCOME TAX ACT . 5 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.10.2013 SD/- SD/- (SUSHMA CHOWLA) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 18.10.2013 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR