TCG Lifesciences Private Limited., Kolkata V. DCIT, Circle-11(2), Kolkata, Kolkata

ITA 93/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4715 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 16-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: A K TIBERWALA
• Keywords: Revision of order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.93/KOL/2018 (ASSESSMENT YEAR-2009-10) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 14.12.2017 PASSED BY CIT(A)-4, KOLKATA U/S 147/143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) FOR AY 2009-10. 2. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS BROUGHT TO OUR NOTICE BY THE LD.AR THAT THE ORDER PASSED U/S 263 WAS QUASHED BY THIS TRIBUNAL VIDE ITS ORDER DATED 07.07.2017. LD.AR PLACED ON RECORD THE SAID ORDER AND REFERRING TO PARA 8.14 SUBMITTED THAT SINCE THE ORDER PASSED U/S 263 IS QUASHED, THE PRESENT APPEAL FILED QUESTIONING GIVING EFFECT ORDER PASSED BY THE AO AND THE APPEAL BECOMES INFRUCTUOUS AND NO ORDERS ARE REQUIRED. ON PERUSAL OF THE IMPUGNED ORDER, IT IS NOTED THAT THE CIT(A) TAKEN COGNIZANCE OF ORDER PASSED BY THIS TRIBUNAL IN ITA NO.77/2017 AND DISMISSED THE APPEAL FILED BEFORE HIM. WE FIND NO INFIRMITY IN THE ORDER OF CIT(A) AND ACCORDINGLY, GROUND NO.1 RAISED BY THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. TCG LIFESCIENCES PVT.LTD., BLOCK BN, PLOT NO.7, SALT LAKE ELECTRONICS COMPLEX, SECTOR-V, KOLKATA-700091. PAN-AABCC0401D VS DCIT, CIRCLE-11(2), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA- 700069 (APPELLANT) (RESPONDENT) APPELLANT BY SH. A.K.TIBREWAL, FCA RESPONDENT BY SH. C.J.SINGH, SR.DR DATE OF HEARING 29.11.2018 DATE OF PRONOUNCEMENT 13.02.2019 ITA NO.93/KOL/2018 (ASSESSMENT YEAR-2009-10) PAGE | 2 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 13.02.2019. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:- 13.02.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- TCG LIFESCIENCES PVT.LTD., BLOCK BN, PLOT NO.7, SALT LAKE ELECTRONICS COMPLEX, SECTOR-V, KOLKATA-700091. 2. RESPONDENT- DCIT, CIRCLE-11(2), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA