Jealous Vincom Pvt. Ltd., Mumbai v. The ITO, Ward-6(2), Kolkata, Kolkata

ITA 2068/KOL/2016 | 2008-2009
Pronouncement Date: 15-11-2017 | Result: Dismissed

Appeal Details

RSA Number 206823514 RSA 2016
Assessee PAN AABCJ8274H
Bench Kolkata
Appeal Number ITA 2068/KOL/2016
Duration Of Justice 1 year(s) 19 day(s)
Appellant Jealous Vincom Pvt. Ltd., Mumbai
Respondent The ITO, Ward-6(2), Kolkata, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 15-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 15-11-2017
Assessment Year 2008-2009
Appeal Filed On 27-10-2016
Judgment Text
D IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI WASEEM AHMED ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI JUDICIAL MEMBER ITA NO.2068/KOL/2016 ASSESSMENT YEAR:2008-09 JEALOUS VINCOM PVT. LTD. A-503 RAM TOWER OFFICE ROAD NEAR YOGI NAGAR BORIVALI WEST MUMBAI-40091 [ PAN NO. AABCJ 8274 H ] / V/S . INCOME TAX OFFICER WARD-6(2) P-7 CHOWRINGHEE SQUARE KOLAKTA-69 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI A.K. TIBREWAL FCA /BY RESPONDENT SHRI A.K. TIWARI CIT-DR /DATE OF HEARING 02-11-2017 /DATE OF PRONOUNCEMENT 15-11-2017 /O R D E R PER WASEEM AHMED ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-6 KOLKATA DATED 22.07.2016. A SSESSMENT WAS FRAMED BY ITO WARD-6(2) KOLKATA U/S 144/263 OF THE INCOME TAX AC T 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 19.03.2014 FOR A SSESSMENT YEAR 2008-09. SHRI A.K. TIBREWAL LD AUTHORIZED REPRESENTATIVE AP PEARED ON BEHALF OF ASSESSEE AND SHRI A.K. TIWARI LD. DEPARTMENTAL REPRESENTATIVE A PPEARED ON BEHALF OF REVENUE. 2. AT THE OUTSET THE LD AR FOR THE ASSESSEE BROUGHT TO OUR NOTICE THAT THE ORIGINAL ASSESSMENT WAS FRAMED U/S 147/ 143(3) OF THE ACT BY THE AO VIDE ORDER DATED 30-12- 2009 AFTER MAKING AN ADDITION OF UNDISCLOSED INCOME OF RS. 80 750.00 ONLY. ITA NO.2068/KOL/2016 A.Y. 2008 -09 JEALOUS VIINCOM PVT. LTD. VS. ITO WD-6(2) K OL PAGE 2 SUBSEQUENTLY THE IMPUGNED ORDER WAS REVISED BY THE LD CIT U/S 263 OF THE ACT VIDE ORDER DATED 30.03.2013 DIRECTING TO THE AO TO MAKE THE FRESH ASSESSMENT. 2.1 ACCORDINGLY THE ASSESSING OFFICER MADE THE FRES H ASSESSMENT U/S 144/ 263 OF THE ACT VIDE ORDER DATED 19-03-2014 WHEREIN THE ADD ITION WAS MADE FOR RS. 19 45 50 000/-. 3. THE ASSESSEE AGAINST THE ORDER OF AO PREFERRED A N APPEAL TO LD CIT(A) WHO CONFIRMED THE ORDER OF AO VIDE ORDER DATED 22 ND JULY 2016. 4. HOWEVER THE ASSESSEE ALSO PREFERRED AN APPEAL TO HONBLE ITAT AGAINST THE IMPUGNED ORDER PASSED U/S 263 OF THE ACT BY THE LD. CIT VIDE DATED 30/03/2013. THE HONBLE ITAT WAS PLEASED TO QUASH THE ORDER PASSED U/S 263 OF THE ACT IN ITA NO 1552/KOL/2013 FOR ASSESSMENT YEAR 2008-09 VIDE DATED 28-07-2017. THE RELEVANT EXTRACT OF THE ORDER IS REPRODUCED BELOW : 4. WE HAVE GIVEN A VERY CAREFUL CONSIDERATION TO TH E RIVAL SUBMISSIONS. A PERUSAL OF THE RECORD SHOWS THE FOLLOWING LIST OF DATES AND EV ENTS. LIST OF DATES S NO. DATE EVENT PAGE NO. (A) 30.12.2009 ORDER U/S. 147 PASSED BY THE AO (B) 30.03.2013 ORDER U/S 263 PASSED BY THE CIT (C) 31.03.2012 EXPIRY OF LIMITATION U/S. 263 BEING 2 YRS. FROM THE END OF THE FINANCIAL YEAR IN WHICH ORDER U/S. 147 WAS PASSED 5. IT IS CLEAR FROM THE DATES AND EVENT THAT THE LA ST DATE FOR PASSING AN ORDER OF REVISION IN TERMS OF SEC. 263(2) OF THE ACT IN RESP ECT OF THE ORDER OF ASSESSMENT SOUGHT TO BE REVISED VIZ. THE ORDER OF ASSESSMENT U/S. 14 7 RW.S. SEC. 143(3) OF THE ACT DATED 30.12.2013 WAS 31.3.2012. THE IMPUGNED ORDER WAS PA SSED ON 30.3.2013 WHICH IS CLEARLY BEYOND THE TIME LIMIT CONTEMPLATED U/S 263( 2) OF THE ACT. THEREFORE THE IMPUGNED ORDER IS HELD TO BE NOT VALID IN LAW AS IT IS PASSED BEYOND THE TIME LIMIT CONTEMPLATED U/S. 263(2) OF THE ACT. THE IMPUGNED O RDER IS ACCORDINGLY QUASHED AND THE APPEAL OF THE ASSESSEE IS ALLOWED. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED . IN VIEW OF ABOVE PROPOSITION THE LD AR FURTHER SUB MITTED THAT ONCE THE ORDER PASSED U/S 263 OF THE ACT HAS BEEN QUASHED BY THE HONBLE ITAT THEN ALL THE ORDERS PASSED SUBSEQUENTLY TO GIVE EFFECT TO THE ORDER PASSED U/S 263 OF THE ACT ARE NOT MAINTAINABLE. THUS THE ORDER PASSED BY THE AO IN PURSUANCE TO THE DIRECTION U/S 263 IS NOT MAINTAINABLE AND SIMILARLY THE ORDER OF LD. CIT(A) BECAME NON-EST. ACCORDINGLY THE ITA NO.2068/KOL/2016 A.Y. 2008 -09 JEALOUS VIINCOM PVT. LTD. VS. ITO WD-6(2) K OL PAGE 3 APPEAL FILED BEFORE THE HONBLE ITAT DOESNT REQUIR E ANY ADJUDICATION AS THE SAME HAS BECOME INFRUCTUOUS. ON THE OTHER HAND THE LD DR DID NOT BRING ANYTHING CONTRARY TO THE ARGUMENTS ADVANCED BY THE LD AR. HOWEVER THE LD DR VEHEMENTL Y SUPPORTED THE ORDER OF LOWER AUTHORITIES. 5. WE HAVE HEARD THE RIVAL CONTENTIONS OF THE PARTI ES AND PERUSED THE RECORDS. WE NOTE THAT THE ORDER PASSED U/S 263 BY THE LD CIT HA S BEEN QUASHED BY THE HONBLE ITAT AS DISCUSSED ABOVE. THUS IN OUR CONSIDERED VI EW THE IMPUGNED ORDERS PASSED BY THE LOWER AUTHORITIES TO GIVE EFFECT TO THE DIRE CTION ISSUED IN THE ORDER U/S 263 OF THE ACT ARE NOT MAINTAINABLE IN THE EYES OF LAW. THUS WE DISMISS THE APPEAL FILED BY THE ASSESSEE AS INFRUCTUOUS. 6. IN THE RESULT ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 15/11/2017 SD/- SD/- ( % ') ( ') (S.S.VISWANETHRA RAVI) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER *DKP SR.P.S ) - 15/11/2017 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-JEALOUS VINCOM PVT. LTD. A-503 RAM TOWE R OFFLINK ROAD NR. YOGI NAG AR BORIVALI WEST MUMBAI-400091 2. /RESPONDENT-INCOME TAX OFFICER WD-6(2) P-7 CHOWRI NGHEE SQ. KOLKATA-69 3. - / CONCERNED CIT 4. - - / CIT (A) 5. . %% / DR ITAT KOLKATA 6. 2 / GUARD FILE. BY ORDER/ /TRUE COPY/ SR. PRIVATE SECRETARY HEAD OF OFFICE/DDO