ACIT CEN CIR 7(1), MUMBAI V. RARE ENTERPRISES, MUMBAI

ITA 941/MUM/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2418 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2008-2009
• Appeal Filed On: 11-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B C S NAIK
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH , JUDICIAL MEMBER ITA NO. 941 /MUM/201 5 : (A.Y : 20 08 - 09 ) ACIT, CENTRAL CIRCLE - 7(1), MUMBAI (APPELLANT) VS. M/S. RARE ENTERPRISES 151, NARIMAN BHAVAN, NARIMAN POINT, MUMBAI 21. PAN : AAEFR8176J (RESPONDENT) ASSESSEE BY : MS. RUTUJA N. PAWAR REVENUE BY : SHRI B.C.S. NAIK (CIT - DR) DATE OF HEARING : 1 8 /0 7 /2016 DATE OF PRONOUNCEMENT : 22 /0 7 /2016 O R D E R PER G.S. PANNU , AM : THE CAPTIONED APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A) - 38 , MUMBAI DATED 30 . 09 .201 4 , PERTAINING TO THE ASSESSMENT YEAR 20 08 - 09 , WHICH IN TURN HAS ARISEN FROM THE ORDER PASSED BY THE ASSESSING OFFICER DATED 31.12.2013 UNDER SECTION 143(3) R.W.S 263 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. IN THIS APPEAL, REVENUE HAS RAISED THE FOLLOWING GROUND OF APPEAL: 1. THE ORDE R OF HON'BLE ITAT, RELYING ON WHICH THE LD. CIT(A) HAS ALLOWED RELIEF TO THE ASSESSEE HAS BEEN CHALLENGED BY THE DEPARTMENT BEFORE THE HON'BLE BOMBAY HIGH COURT. HENCE, THE APPEAL. 2 M/S. RARE ENTERPRISES ITA NO. 941/MUM/2015 3. THE ABOVE STATED G ROUND OF APPEAL WAS EXPLAINED BEFORE US AS FOLLOWS. THAT ASSESSEE ASSAILED THE ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) R.W.S. 263 OF THE ACT DATED 31.12.2013 BEFORE THE CIT(A). ONE OF THE GROUNDS RAISED WAS THAT THE ORDER PASSED BY THE CIT U/S 263 OF THE ACT DATED 18.3.2013, IN TERMS OF WHICH TH E ASSESSING OFFICER HAD PASSED THE IMPUGNED ORDER, HAS SINCE BEEN QUASHED BY THE TRIBUNAL VIDE ITS ORDER IN ITA NO. 2820/MUM/2013 DATED 28.8.2014. AS A CONSEQUENCE, THE CIT(A) HELD THAT THE IMPUGNED ASSESSMENT ORDER WAS LIABLE TO BE CANCELLED AND IT WAS N ULL AND VOID. AGAINST SUCH A DECISION OF THE CIT(A), REVENUE IS IN APPEAL BEFORE US. 4. THE ONLY PLEA OF THE REVENUE BEFORE US IS THAT ORDER OF THE TRIBUNAL DATED 28.8.2014 ( SUPRA ) HAS BEEN CHALLENGED BY THE DEPARTMENT IN APPEAL BEFORE THE HON'BLE HIGH CO URT. THE AFORESAID PLEA, IN OUR VIEW, IS OF NO RELEVANCE AT THIS STAGE INASMUCH AS THERE IS NO DISPUTE THAT THE ORDER OF TRIBUNAL, WHICH HAS BEEN RELIED UPON BY CIT(A), CONTINUES TO HOLD THE FIELD , AS IT HAS NOT BEEN ALTERED BY ANY HIGHER AUTHORITY . THUS , WE FIND NO ERROR ON THE PART OF CIT(A) IN CANCELLING THE IMPUGNED ASSESSMENT ORDER, AND THE ACTION OF CIT(A) IS HEREBY AFFIRMED. 5. RESULTANTLY, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 2 N D JULY, 2016. SD/ - SD/ - ( AMARJIT SINGH ) JUDICIAL MEMBER ( G.S. PANNU ) ACCOUNTANT MEMBER MUMBAI, DATE : 2 2 N D JULY, 2016 *SSL* 3 M/S. RARE ENTERPRISES ITA NO. 941/MUM/2015 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, I BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI