ASHIRWAD SKY HEIGHTS TOWER P. LTD., MUMBAI V. PR. CIT-1, MUMBAI

ITA 910/MUM/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3322 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 24-05-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 263

Judgement Text

1 ITA 910/Mum/2021 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI ABY T. VARKEY (JUDICIAL MEMBER) AND SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) I.T.A No.910/Mum/2021 (Assessment year : 2012-13) Ashirward Sky Heights Tower Pvt Ltd, Flat No.002, Daffodil CHS, Near Oshiwara Police Station, Andheri (W), Mumbai-400 053 PAN : AAGCA3124Q vs Principal Commissioner of Income-tax, Mumbai-1, Room No.330, 3 rd Floor, Aayakar Bhavn, Maharishi Karve Road Mumbai-400 020 APPELLANT RESPONDENT Assessees represented by Shri Rakesh Joshi Department represented by Shri Rajesh Damor, CIT DR Date of hearing 21/04/2022 Date of pronouncement 29/04/2022 O R D E R Per: Aby T. Varkey (JM): This is an appeal preferred by the assessee, against the order of Ld.PCIT- Mumbai-1 dated 31/03/2021 under section 263 of the Income-tax Act, 1961 (hereinafter, the Act). 2 ITA 910/Mum/2021 2. At the outset, the Ld.AR of the assessee, Shri Rakesh Joshi drew our attention to the fact that the last date for giving effect to the impugned order of the Ld.PCIT by the Assessing Officer was on 31/03/2022. However, as per the information of assessee, till date the AO has not passed any consequential / giving effect order pursuant to the impugned order of Ld.PCIT dated 31.03.2021. To support his above contention, he has filed before us the status report from the Income-tax Department Portal wherein the assessment for A.Y. 2012-13 is shown as “open” as well as specifying the limitation time as 31 st March, 2022. Therefore, according to the Ld.AR, since the Assessing Officer has not passed any consequential / giving effect order pursuant to the impugned order of Ld.PCIT, it can be persumed that AO after enquiry has dropped the framing of re-assessment and anyway, the impugned order loses its force and is not executable. So according to him there is no point in pursuing further in respect of this appeal because there is no tax consequence for the assessee and the adjudication of this appeal would be only academic in nature. 3. Per contra, the Ld.CIT(DR), Shri Rajesh Kumar submitted that there is no information from the Assessing Officer about giving effect to consequential order pursuant to the impugned order of Ld.PCIT, even though he tried to obtain it as directed by the Bench on the previous date (20/04/2022) when the matter was listed. 4. Having heard both the parties, we note that the assessee has challenged the impugned order of the Ld.PCIT before this Tribunal. However, according to it, no consequential / giving effect order has been passed by the Assessing Officer pursuant to the impugned order of Ld.PCIT within the limitation period which 3 ITA 910/Mum/2021 expired on 31/03/2022. Therefore, according to assessee, it can be safely persumed that AO after enquiry has dropped the framing of re-assessment and anyway the order of Ld.PCIT which is impugned, has lost its power since it cannot be executed by the Assessing Officer after the limitation period on 31/03/2022. Therefore, according to Ld AR, the adjudication of the impugned order of Ld.PCIT in the light of the aforesaid facts will be futile and academic in nature. We note from the assessee’s contention that since consequential order had to be passed by the Assessing Officer before 31 st March, 2022 in the light of the impugned orde, it can be safely inferred that the Assessing Officer has dropped the re- assessment after enquiry as directed by the Ld.PCIT. And in any case, the impugned order of Ld.PCIT has lost its power and is unenforceable after 31.03.2022. Therefore, we agree with the assessee that even if we adjudicate the appeal, it will be academic in nature. So we are inclined to dismiss assessee’s appeal with a caveat that in case if the Assessing Officer had passed the consequential / giving effect order pursuant to the impugned order of Ld.PCIT, then the assessee can move appropriate application for recalling this order. With this observation, the appeal of the assessee is dismissed. 5. In the result, appeal of the assessee is dismissed. Order pronounced in the open court on 29 th April, 2022. Sd/- sd/- (S.RIFAUR RAHMAN) (ABY T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dt : 29 April, 2022 Pavanan 4 ITA 910/Mum/2021 ितिलिप अ ेिषतCopy of the Order forwarded to : 1. /The Appellant , 2. / The Respondent. 3. आयकर (अ)/ The CIT(A)- 4. आयकर CIT 5. िवभागीय , आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai 6. फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai