M/s Garg Furnace Ltd., Ludhiana V. ACIT, Ludhiana

ITA 891/CHANDI/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6909 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-09-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 21-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: SUBHASH AGGARWAL
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 891/CHD/2014 ASSESSMENT YEAR: 2008-09 M/S GARG FURNACE LTD., VS. THE ACIT, CIRCLE V. LUDHIANA LUDHIANA PAN NO. AAACG8307R (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SUBHASH AGGARWAL RESPONDENT BY : SH. MANJIT SINGH DATE OF HEARING : 31.07.2017 DATE OF PRONOUNCEMENT : 31.08.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-II [H EREINAFTER REFERRED TO AS CIT(A)], LUDHIANA DATED 05.09.2014. 2. THIS APPEAL RESULTS FROM THE ADDITION MADE BY TH E ASSESSING OFFICER CARRIED OUT IN THE ASSESSMENT PROCEEDINGS U/S 143(3 ) OF THE ACT READ WITH SECTION 263 OF THE INCOME-TAX ACT, 1961 (IN SHORT ' THE ACT') CONSEQUENT TO 2 THE RESTORATION OF THE MATTER TO THE ASSESSING OFFI CER BY THE CIT(A) OF EXERCISING HIS JURISDICTION 263 OF THE ACT. THE ASS ESSEE IS AGGRIEVED FROM THE CONFIRMATION OF THE SAID ADDITION BY THE LD. CI T(A) BY THE IMPUGNED ORDER. 3. AT THE OUTSET, THE LD. AR OF THE ASSESSEE HAS SU BMITTED THAT THE ASSESSEE HAD PREFERRED AN APPEAL AGAINST THE ORDER DATED 28.1.2013 PASSED BY THE LD. CIT U/S 263 OF THE ACT. THE TRIBUNAL AF TER HEARING THE MATTER VIDE ORDER DATED 24.1.2017 PASSED IN ITA NO. 315/CH D./2013 HAS QUASHED THE ORDER PASSED BY THE CIT U/S 263 OF THE ACT. SI NCE THE ORDER PASSED U/S 263, CONSEQUENT TO WHICH THE IMPUGNED ADDITION WAS MADE BY THE ASSESSING OFFICER AND FURTHER CONFIRMED BY THE CIT( A), HAS ALREADY BEEN QUASHED, HENCE, THE IMPUGNED ADDITION HAVE NO LEGS TO STAND. THIS ADDITIONS AUTOMATICALLY STANDS DELETED. 4. IN VIEW OF THIS, THE APPEAL OF THE ASSESSEE HAS BECOME INFRUCTUOUS AND THE SAME IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31.08.2017 SD/- SD/- ( ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 31 ST AUGUST, 2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR