DCIT, Jaipur V. GEMCO, Jaipur

MA 186/JPR/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5448 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 30-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRITHIVI RAJ MEENA
• Keywords: Bogus purchase

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH DQY HK KJ R ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO ] YS[KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT , JM & SHRI VIKRAM SINGH YADAV, AM M.A. NO. 186 /JP/16 (ARI SING OUT OF I TA N O. 668 / JP/201 4 ) FU/KZKJ.K O 'K Z @ ASSESSMENT YEAR : 20 0 8 - 09 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2, JAIPUR CUKE VS. M/S GEMCO, 3950, LAL HAVELI, MSB KA RASTA, JAIPUR. LFKK;H YS[KK LA - @THVKBZVKJ LA - @ PAN/GIR NO.: AA C FG 8642 G VIHY KFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI PRITHIVI RAJ MEENA ( ADDL. C IT ) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 0 3 / 0 3 /201 7 MN ?KKS 'K .KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 07 / 0 3 /201 7 VKNS'K@ ORDER PE R : VIKRAM SINGH YADAV , A .M. THE MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE CO - ORDINATE BENCH IN ITA NO.668/JP/2014 DATED 24.11.2015 WHEREIN THE MATTER WAS SET A SIDE TO THE FILE OF THE ASSESSING OFFICER TO DECIDE THE ISSUE OF ESTIMATION OF INCOME ON ACCOUNT OF BOGUS PURCHASES AFTER THE RECEIPT OF THE JUDGMENT OF HONBLE RAJASTHAN HIGH COURT IN CASE OF ANUJ KUMAR VARSHNEY & OTHERS . M.A. NO. 186 /JP/16 (A/O ITA - 668/JP/14 DCIT, CIRCLE - 2 VS. M/S GEMCO, JAIPUR 2 2. IN ITS APPLICATION, THE REVENU E HAS SUBMITTED THAT THE DECISION OF THE ITAT IN SETTING ASIDE THE ASSESSMENT IS NOT JUSTIFIABLE. ANY MATTER CANNOT BE SET ASIDE FOR AFRESH ASSESSMENT SUBJECT TO AN UNCERTAIN FUTURE EVENT AND ALSO FOR INDEFINITE PERIOD. THE SET ASIDE ASSESSMENTS ARE REQUIR ED TO BE COMPLETED BY THE AO WITHIN THE TIME PRESCRIBED IN SECTION 152(2A) OF THE IT ACT, 1961, WHICH IS ONE YEAR FROM THE END OF THE FINANCIAL YEAR IN WHICH THE ORDER OF THE ITAT IS RECEIVED BY THE CONCERNED COMMISSIONER. THIS LIMITATION CANNOT BE EXTENDE D BY THE HONBLE ITAT ITSELF FOR INDEFINITE AND UNCERTAIN PERIOD. AS NO LIMITATION HAS BEEN PRESCRIBED FOR THE DECISION OF THE HONBLE HIGH COURT, THEREFORE, AN ASSESSMENT CANNOT BE KEPT IN ABEYANCE TILL SUCH ORDER OF THE HONBLE HIGH COURT. SINCE THE IMPL IED LEGAL ISSUE OF LIMITATION FOR COMPLETING ASSESSMENT AS PROVIDED U/S 153(2A) R.W.S. 153(3)(II) OF THE IT ACT, 1961 WAS ALSO RAISED DURING HEARING REMAINED UNDECIDED BY HONBLE ITAT, THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE HONBLE ITAT. SINCE TH E MISTAKE IS APPARENT FROM THE ORDER OF THE HONBLE ITAT, JAIPUR BENCH, JAIPUR, THE SAME MAY KINDLY BE RECTIFIED UNDER SECTION 254(2) OF THE IT ACT, 1961 BY RECALLING THE APPEAL ORDER AND DECIDING THE SAME ON MERITS. M.A. NO. 186 /JP/16 (A/O ITA - 668/JP/14 DCIT, CIRCLE - 2 VS. M/S GEMCO, JAIPUR 3 3. THE LD. AR SUBMITTED THAT THE REVENU E HAS ALREADY ACTED UPON THE DIRECTIONS GIVEN BY THE HONBLE ITAT ( EVEN THOUGH THE DECISION IN CASE OF ANUJ KUMAR VARSHNEY & OTHERS IS STILL PENDING FOR ADJUDICATION BY THE HONBLE RAJASTHAN HIGH COURT ) AND A FRESH ASSESSMENT ORDER U/S 147/143(3)/254 DATED 26.12.2016 HAS BEEN PASSED BY THE ASSESSING OFFICER. IN LIGHT OF ABOVE, THE SUBJECT MISCELLANEOUS APPLICATION FILED BY THE REVENUE BECOMES INFRUCTUOUS AND IS NOT MAINTAINABLE. 4. AFTER HEARING BOTH THE PARTIES, WE AGREE WITH THE CONTENTION OF THE LD. AR T HAT SINCE A FRESH ASSESSMENT ORDER HAS BEEN PASSED BY THE ASSESSING OFFICER PURSUANT TO THE DIRECTIONS OF THE COORDINATE BENCH , THE SUBJECT MISCELLANEOUS PETITION BECOMES INFRUCTUOUS AND THEREFORE IS NOT MAINTAINABLE. IN THE RESULT, THE MISCELLANEOUS APPL ICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 / 03/2017 . SD/ - SD/ - DQY HK KJ R FOE FLAG ;KNO ( KUL BHARAT ) (VIKRAM SINGH YADAV) U;KF ;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED: - 07 / 03/2017. * SANJEEV. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: M.A. NO. 186 /JP/16 (A/O ITA - 668/JP/14 DCIT, CIRCLE - 2 VS. M/S GEMCO, JAIPUR 4 1. VIHYKFKHZ@ THE APPELLANT - THE DCIT, CIRCLE - 2 , JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT - M/S GEMCO, 3950, LAL HAVELI , JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {M.A. NO. 186 /JP/16 } VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR