Sri Tara Chand Mahipal, Kolkata V. D.C.I.T., Circle-44, Kolkata

ITSSA 47/KOL/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3670 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 14-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 24-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MD USMAN
• Assessee Lawyers: MANISH TIWARI
• Section: 54; 263

Judgement Text

IT(SS)A.NO.47/KOL/2016 SRI TARA CHAND MAHIPAL BLOCK PERIOD 01.04.1987 TO 12.12.1997 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH B KOL KATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM & SHRI S.S.VISWANETHRA RAVI, JM ] IT(SS)A.47/KOL//2016 BLOCK PERIOD 01.04.1987 TO 12.12.1997 SRI TARA CHAND MAHIPAL -VERSUS- D.C.I.T. CI RCLE-44, KOLKATA KOLKATA (PAN: AEOPM4833M) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI MANISH TIWARI, FCA FOR THE RESPONDENT: MD. USMAN, CIT(DR) DATE OF HEARING : 04.01.2018. DATE OF PRONOUNCEMENT : 14.03.2018. ORDER PER J.SUDHAKAR REDDY, AM: THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX-(A)-13, KOLKATA RELATIN G TO BLOCK PERIOD 01.04.1987 TO 12.12.1997 2. WE FIRST TAKE UP THE ISSUE OF LIMITATION THE DA TES AND EVENTS WHICH ARE AS FOLLOWS :- SL.NO. PARTICULARS DATE 01. SEARCH & SEIZURE OPERATION CONDUCTED 12.12.1997 02. ASSESSMENT COMPLETED U/S 158BC 19.12.1999 03. APPEAL FILED BEFORE LD. CIT(A)-X, CALCUTTA 27.0 1.2000 04. CIT(A) ORDER AGAINST SAID ASSESSMENT WAS PASSED 31.08.2000 05. ORDER U/S 251 GIVING EFFECT TO LD. CIT(A)S ORD ER WAS PASSED BY A.O. 28.09.2000 06. HONBLE ITAT DISMISSED THE DEPARTMENTS APPEAL FILED AGAINST CIT(A)S ORDER DATED 31.08.2000 08.10.2003 07. ORDER U/S 254/158BC WAS PASSED BY A.O. 28.03.20 14 08. CIT(A)FILED AGAINST ORDER U/S 254/158BC 31.03.2 014 09. ORDER PASSED BY LD CIT(A)-13, KOLKATA 28.06.201 6 10. APPEAL FILED BEFORE HONBLE ITAT 24.08.2016 IT(SS)A.NO.47/KOL/2016 SRI TARA CHAND MAHIPAL BLOCK PERIOD 01.04.1987 TO 12.12.1997 2 3. A PERUSAL OF THE ABOVE DEMONSTRATES THAT THE IT AT HAS PSSED AN ORDER, REJECTING THE DEPARTMENTAL APPEAL FILED AGAINST THE ORDER OF THE LD. CIT(A), ON 8 TH OCTOBER, 2003, THE LD. CIT(A) HAD PASSED AN ORDER ON 31 ST AUGUST, 2000. 4. A CONSEQUENTIAL ORDER WAS PASSED BY THE AO U/S 2 54 R.W.S. 158BC OF THE ACT ON 28.03.2014 ALLEGEDLY GIVING EFFECT TO THE ORDER OF ITAT ON 8 TH OCTOBER, 2003. IN THIS ORDER THE TRIBUNAL HAS UPHELD THE DIRECTION OF THE LD. CIT(A) TO EXAMINE THE ASSESSEES CLAIM OF PURCHSES. 5. SECTION 153(3) OF THE ACT READS AS FOLLOWS :- 3) NOTWITHSTANDING ANYTHING CONTAINED IN SUB-SECTI ONS (1) AND (2), AN ORDER OF FRESH ASSESSMENT IN PURSUANCE OF AN ORDER UNDER SEC TION 254 OR SECITON 263 OR SECTION 264, SETTING ASIDE OR CANCELLING AN ASSESSM ENT, MAY BE MADE AT ANY TIME BEFORE THE EXPIRY OF NINE MONTHS FROM THE END OF TH E FINANCIAL YEAR IN WHICH THE ORDER UNDER SECTION 254 IS RECEIVED BY THE PRINCIPA L CHIEF COMMISSIONER OR CHIEF COMMISSINER OR PRINCIPAL COMMISSIONER OR COMM ISSIONER OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 OR SECTION 264 IS PASSED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER. SECTION 153(5) OF THE ACT READS AS FOLLOWS : 5) WHERE EFFECT TO AN ORDER UNDER SECTION 250 OR S ECTION 254 OR SECTION 260 OR SECTION 262 OR SECTION 263 OR SECTION 264 IS TO BE GIVEN BY THE ASSESSING OFFICER, WHOLLY OR PARTLY, OTHERISE THAN BY MAKING A FRESH A SSESSMENT OR REASSESSMENT, SUCH EFFECT SHALL BE GIVEN WITHIN A PERIOD OF THREE MONTHS FROM THE END OF THE MONTH IN WHICH ORDER UNDER SECTION 250 OR SECTION 2 54 OR SECTION 260 OR SECTION 262 IS RECEIVED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER OR PRINCIPAL COMMISSIONER OF COMMISSIONER . 6. APPLYING THE PROVISION OF LAW LAID DOWN, THE OR DER PASSED U/S 254 R.W.S.158BC OF THE ACT BY THE AO ON 28/03/2014, IN CONSEQUENT OF AN ORDER PASSED BY ITAT ON 08.10.2003 IS BARRED BY LIMITATION. THUS WE QUASH THE ORDERS OF THE AUTHORITIES BELOW AND ALLOW THE APPEAL OF THE ASSES SEE. IT(SS)A.NO.47/KOL/2016 SRI TARA CHAND MAHIPAL BLOCK PERIOD 01.04.1987 TO 12.12.1997 3 7. IN THE RESULT THE APPEAL BY THE ASSESSEE IS ALLO WED. O RDER PRONOUNCED IN THE COURT ON 14.03.2018. SD/- SD/- [S.S.VISWANETHRA RAVI] [ J.SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 14.03.2018. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1.SRI TARA CHAND MAHIPAL, 20, MOHANLAL STREET, KOLK ATA-700004. 2. D.C.I.T., CIRCLE-44, KOLKATA. 3. C.I.T.(A)- 13, KOLKATA 4. C.I.T-15, KOLKAT A 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O, ITAT KOLKATA BENCHES