PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA V. IMC LIMITED , KOLKATA

ITA 375/KOL/2025

AI Insights

The case involves an appeal by the Revenue against the order of the ld. Commissioner of Income-tax (Appeals), Kolkata-22, which had quashed the assessment order for the Assessment Year 2014-15. The original assessment was completed under section 143(3) of the Income Tax Act, and was later revised under section 263 by the ld. PCIT-4, Kolkata. This revision was contested and ultimately quashed by the Tribunal in a prior decision. The CIT (A) recognized this quashing and found the subsequent assessment order to be infructuous, leading to the Revenue's appeal. The Tribunal accepted the CIT (A)'s decision, dismissing the Revenue's appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 653126 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Other Referred Cases: ITA No.1006/KOL/2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAPIL MANDAL
• Assessee Lawyers: K.M. GUPTA
• Keywords: Condonation of delay; Reasonable cause; Revision of order
• Section: 143(3); 263

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JM AND SHRI RAKESH MISHRA, AM ITA No. 375/KOL/2025 (Assessment Year: 2014-15) Dy. Commissioner of Income Tax, Circle 11(1) Aaykar Bhavan, 6th Floor, P-7, Chowringhee Square, Kolkata-700055, West Bengal Vs. IMC Limited 232/A, AJC Bose Road, Kolkata-700055, West Bengal (Appellant) (Respondent) PAN No. AAACI6885R Assessee by : Shri K. M. Gupta, AR Revenue by : Shri Kapil Mandal, DR Date of hearing: 17.06.2025 Date of pronouncement : 18.06.2025 O R D E R PER GEORGE MATHAN, JM: This is an appeal filed by the Revenue against the order of the ld. Commissioner of Income-tax (Appeals), Kolkata-22 (hereinafter referred to as the “Ld. CIT(A)”] in appeal no. ITBA/APL/S/250/2024- 25/1068013344(1) dated 27.08.2024 for the AY 2014-15. 02. Shri K. M. Gupta appeared on behalf of the assessee and Shri Kapil Mandal, Sr. DR appeared on behalf of the revenue. 03. It was submitted by the ld. CIT DR that the ld. CIT (A) has allowed the appeal of the assessee on the ground that the order u/s 263 of the Act passed by the ld. Pr. Commissioner of Income Tax-4 (PCIT), has been quashed by the Tribunal. It was further submitted that as the paper book of the assessee has been filed on 11th June, 2025, he needed more time to go through the facts. 04. In reply, the ld. AR submitted that the original assessment in the case of the assessee came to be completed u/s 143(3) on 22.12.2016. The Page | 2 ITA No. 375/KOL/2025 IMC Limited; A.Y. 2014-15 said order was a subject matter of revision u/s 263 of the Act by the ld. PCIT-4, Kolkata vide an order u/s 263 of the Act by the ld. PCIT-4, Kolkata vide order u/s 263 of the Act on 11.12.2019. It was submission that the order u/s 263 of the Act was a subject matter of appeal before the Tribunal in ITA No.1006/KOL/2019 and the co-ordinate bench of the Tribunal vide order dated 25th August, 2023, had quashed the order passed u/s 263 of the Act. It was the submission that in the meantime the order giving effect to the order passed u/s 263 of the Act was passed by the ld. AO on 17.11.2021. It was the submission that the appeal was filed by the assessee against the said order passed u/s 143(3) read with section 263 of the Act and the ld. CIT (A) take the last page of his order passed u/s 250 of the Act which is a subject matter of the appeal before the Tribunal herein had accepted that the ITAT Kolkata Benches had quashed the order passed u/s 263 of the Act dated 11.02.2019 and consequently, held that the order passed u/s 143(3) read with section 263 of the Act had become infructuous. It was the submission that the order of the ld. CIT (A) is liable to be upheld. 05. We have considered the rival submissions. A perusal on the facts of the present case clearly shows that the appeal filed by the Revenue is delayed by 112 days. The Revenue has filed the condonation of delay petition. The Revenue has given a reasonable cause for the delay in filing of the appeal. The reasons are found to be plausible and the same are accepted and the appeal disposed off on merits. A perusal of the order of the ld. CIT (A) in the impugned appeal clearly shows that in the penalty made paragraph of the order of the ld. CIT (A). The ld. CIT (A) has recognized that the ITAT has quashed the order u/s 263 of the Act passed on 11.02.2019 by the PCIT-4, Kolkata. A perusal of the order of the Tribunal in ITA No. 1006/KOL/2019 dated 25th August 2023, categorically shows that the Tribunal has quashed the revision order passed by the ld. PCIT-4, Kolkata u/s 263 of the Act. As it is noticed Page | 3 ITA No. 375/KOL/2025 IMC Limited; A.Y. 2014-15 that the order of the ld. PCIT passed u/s 263 of the Act has been quashed by the co-ordinate Bench of this Tribunal in assessee’s own case refereeing to (supra), we are of the view that the order passed by the ld. CIT (A) quashing the assessment which is a consequence of the order passed u/s 263 of the Act is valid and the same stands upheld. 06. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 18.06.2025. Sd/- Sd/- (RAKESH MISHRA) (GEORGE MATHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Kolkata, Dated: 18.06.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata "