DCIT, Circle-14(2), Kolkata, Kolkata V. M/s. West Bengal Housing Infrastructure Development Corporation Ltd., Kolkata

ITA 912/KOL/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9831 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAURABH BAGARIA ADV B R DUTTA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA A BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) I.T.A. NO. 912/KOL/2018 ASSESSMENT YEAR: 2012-13 DY. COMMISSIONER OF INCOME TAX, CIRCLE-14(2), KOLKATA...............................APPELLANT VS. M/S. WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.................RESPONDENT [PAN : AAACW 4115 F] APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE REVENUE. SHRI SAURABH BAGARIA, ADV., B.R. DUTTA, FCA & RITESH GOEL, ADV., APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 11 TH , 2019 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 20 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATA [CIT(A) FOR SHORT] DATED 21.02.2018 PASSED U/S 143(3)/263/143(3) OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT). 2. NONE APPEARED ON BEHALF OF THE REVENUE. 3. THERE IS A REQUEST FOR ADJOURNMENT FROM SH. SANKAR KUMAR HALDER, SR. DR, ITAT, A-BENCH, KOLKATA. AS THIS IS NOT A FIT CASE FOR GRANT OF AN ADJOURNMENT, WE REJECT THE SAME AND DISPOSE OFF THE REVENUES APPEAL EX-PARTE THE REVENUE. AFTER HEARING LD. COUNSEL FOR THE ASSESSEE WE FIND THAT, THE LD. CIT(A) HAD OBSERVED THAT THE ASSESSING OFFICER (AO FOR SHORT) HAD PASSED AN ORDER U/S 143(3) OF THE ACT R.W.S. 263 OF THE ACT ON 30.08.2017, IN COMPLIANCE WITH THE ORDER OF THE PR. CIT, KOLKATA PASSED U/S 263 OF THE ACT. HE FURTHER OBSERVED THAT, THE B BENCH, ITAT, KOLKATA VIDE ITS ORDER DATED 14.02.2018 QUASHED THE ORDER PASSED U/S 263 BY PR. CIT, KOLKATA ON 2 I.T.A. NO. 912/KOL/2018 ASSESSMENT YEAR: 2012-13 M/S. WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION 30.03.2017 AND CONSEQUENTLY THE IMPUGNED ASSESSMENT ORDER PASSED ON 30.03.2017 AS NO LEGS TO STAND UP. THUS HE QUASHED THE ASSESSMENT ORDER. 4. WE FIND NO INFIRMITY IN THE SAME AND HENCE WE DISMISS THIS APPEAL OF THE REVENUE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. KOLKATA, THE 20 TH SEPTEMBER, 2019. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 20.09.2019 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. DY. COMMISSIONER OF INCOME TAX, CIRCLE-14(2), KOLKATA. 2. M/S. WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION, HIDCO BHABAN, 35-1111, MAJOR ARTERIAL ROAD, NEW TOWN, KOLKATA-700 156. 3. CIT(A)- 5, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES