M/s. Premchand Builders & Developers, Aurangabad V. Commissioner of Income-tax,

ITA 952/PUN/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2628 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 09-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K RASTOGI
• Section: 143(3); 263; 63

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI PRADIP KUMAR KEDIA , A M . / ITA NO. 952 /PN/201 4 / ASSESSMENT YEAR : 20 09 - 1 0 M/S. PREMCHAND BUILDERS & DEVELOPERS, RH - 7, MIDC CHIKALTHANA, AURANGABAD 431003 . / APPELLANT PAN: AAIFP3865B VS. THE INCOME - TAX OFFICER, WARD 2(3), AURANGAB AD . / RESPONDENT / APPELLANT BY : SHRI SUNIL GANOO / RESPONDENT BY : SHRI S.K. RASTOGI, CIT / DATE OF HEARING : 24 . 0 2 .201 6 / DATE OF PRONOUNCEMENT: 26 . 0 2 .201 6 / ORDER PER SUSHMA CHOWLA, J M : TH IS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF CIT , AURANGABAD , DATED 2 8 . 03 .20 1 4 RELATING TO ASSESSMENT YEAR 20 09 - 1 0 PASSED UNDER SECTION 2 63 OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . 2 . THE LE ARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT THE PRESENT APPEAL FILED AGAINST THE ORDER PASSED UNDER SECTION 263 OF THE ACT HAS BECOME INFRUCTUOUS AS THE ASSESSING OFFICER HAS PASSED THE ORDER UNDER SECTION 143(3) R.W.S. 263 OF THE ACT ACCEPTING THE CLAIM OF ASSESSEE. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE SUPPORTED THE CONTENTION OF LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE. ITA NO. 952 /PN/20 1 4 M/S. PREMCHAND BUILDERS & DEVELOPERS 2 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER PASSED UNDER SECTION 263 OF THE ACT, UNDER WHICH, THE COMMISSIONER HAD SET - ASIDE THE ORIGINAL ASSESSMENT ORDER PASSED ON 01.04.2011 WITH DIRECTION THAT THE ASSESSMENT ORDER SHOULD BE RE - FRAMED AS PER PROVISIONS OF LAW AFTER CONSIDERING PROPER FACTS AND SUBMISSIONS AND CONSEQUENT TO DIRECTIONS OF COMMISSIONER UNDER SECTION 263 OF THE ACT . T HE ASSESSING OFFICER HAS PASSED THE ORDER UNDER SECTION 143(3) R.W.S. 263 OF THE ACT VIDE ORDER DATED 27.03.2015 AND THE CLAIM OF THE ASSESSEE HAS BEEN ACCEPTED IN ENTIRETY. THE APPEAL FILED BY THE ASSESSEE IS THUS INFRUCTUOUS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE. 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PR ONOUNCED ON THIS 26 TH DAY OF FEBRU ARY , 201 6 . SD/ - SD/ - (PRADIP KUMAR KEDIA) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 26 TH FEBR UARY , 201 6 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE A PPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT , AURANGABAD ; 4 . , , / DR A , ITAT, PUNE; 5 . / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE