THE ACIT CEN CIR-13, MUMBAI v. SHRI AMITABH BACHAN, MUMBAI

ITA 2712/MUM/2008 | 2001-2002
Pronouncement Date: 11-01-2010 | Result: Dismissed

Appeal Details

RSA Number 271219914 RSA 2008
Assessee PAN AACPB9226B
Bench Mumbai
Appeal Number ITA 2712/MUM/2008
Duration Of Justice 1 year(s) 8 month(s) 24 day(s)
Appellant THE ACIT CEN CIR-13, MUMBAI
Respondent SHRI AMITABH BACHAN, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 11-01-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 11-01-2010
Date Of Final Hearing 06-01-2010
Next Hearing Date 06-01-2010
Assessment Year 2001-2002
Appeal Filed On 17-04-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H MUMBAI BEFORE SHRI R.S.SYAL AM AND SMT.ASHA VIJAYARAGHAVAN JM ITA NO.2712/MUM/2008 : ASST.YEAR 2001-2002 THE ASSTT.COMMISSIONER OF INCOME-TAX CIRCLE 13 MUMBAI. VS. SHRI AMITABH BACHCHAN PRATIKSHA N.S.ROAD NO.10 JUHU JVPD SCHEME MUMBAI 400 049. PA NO.AACPB9226B. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.K.PAHWA RESPONDENT BY : SHRI RAJESH P.SHAH O R D E R PER R.S.SYAL AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 18.10.2007 IN RELATION TO THE ASSESSMENT YEAR 2001-2002. 2. SHORN OF UNNECESSARY DETAILS IT IS NOTED THAT T HE ORIGINAL ASSESSMENT WAS MADE IN THIS CASE U/S.143(3). THEREAFTER THE LEARNE D COMMISSIONER OF INCOME TAX INVOKING HIS JURISDICTION U/S.263 DIRECTED THE ASS ESSING OFFICER TO CARRY OUT FURTHER INVESTIGATIONS. PURSUANT TO THAT THE ASSESSING OFFI CER FRAMED THE PRESENT ASSESSMENT ORDER U/S.143(3) R.W.S. 263 OF THE ACT DETERMINING THE TOTAL INCOME AT RS.13.47 CRORES AS AGAINST THE ORIGINAL INCOME COMP UTED AS PER ASSESSMENT ORDER U/S.143(3) AT RS.26.37 CRORES. DURING THE PENDENCY OF APPEAL BEFORE THE LEARNED CIT(A) AGAINST THE PRESENT ASSESSMENT ORDER THE AS SESSEE CHALLENGED 263 ORDER BEFORE THE TRIBUNAL. VIDE ORDER DATED 28.8.2007 TH E TRIBUNAL IN ITA NO.2877/MUM/2006 QUASHED THE ORDER PASSED BY THE LE ARNED CIT. THE LEARNED CIT(A) THROUGH THE IMPUGNED ORDER TOOK INTO CONS IDERATION ALL THESE FACTS AND SET ASIDE THE ASSESSMENT THEREBY ALLOWING THE ASSESSEE S APPEAL. ITA NO.2712/MUM/2008 SHRI AMITABH BACHCHAN. 2 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS FOUND AS AN UNDISPUTED POSITION THAT T HE INSTANT ASSESSMENT ORDER WAS PASSED PURSUANT TO THE DIRECTION GIVEN BY THE LEARN ED CIT VIDE HIS ORDER U/S.263. SINCE THE VERY FOUNDATION OF THE PRESENT ASSESSMENT PROCEEDINGS BEING THE PASSING OF REVISIONAL ORDER U/S.263 DOES NOT SURVIVE THER E IS NO QUESTION OF CONTINUING WITH THE RESULTANT PROCEEDINGS. WE THEREFORE UPHO LD THE IMPUGNED ORDER QUASHING THE PRESENT ASSESSMENT ORDER. 4. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF JANUARY 2010. SD/- SD/- (ASHA VIJAYARAGHAVAN) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT ME MBER MUMBAI : 11 TH JANUARY 2010. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A)-VII MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI. ITA NO.2712/MUM/2008 SHRI AMITABH BACHCHAN. 3 DATE INITIAL 1. DRAFT DICTATED ON 06.01.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 07.01.2010 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 9. DATE OF DISPATCH OF ORDER. *