ITO -16(2)-4, Mumbai v. SHRI. INDERRAJ A TALWAR, Mumbai

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) C BENCH MUMBAI BEFORE SHRI C.N. PRASAD HON'BLE JUDICIAL MEMBER AND SHRI N.K. PRADHAN HON'BLE ACCOUNTANT MEMBER ITA NO. 3751 /MUM/2019 (A.Y: 2012 - 13 ) INCOME TAX OFFICER 16(2)(4) ROOM NO. 440 4 TH FLOOR AAYAKAR BHAVAN NEW MARINE LINES MUMBAI 400 020 V. SHRI INDERRAJ A. TALWAR M - 5 SUNDARAM SION CIRCLE SION (E) MUMBAI - 400022 PAN: AAAPT6640D (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI V. SREEKAR DATE OF HEARING : 11.02.2021 DATE OF PRONOUNCEMENT : 17 .03.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE REVENUE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 5 MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 18 .03.2019 FOR THE A.Y . 2012 - 13 . 2. INSPITE OF ISSUE OF NOTICE NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT WAS SOUGHT BY THE ASSESSEE. THEREFORE WE PROCEED TO DISPOSE OFF THIS APPEAL ON HEARING LD. DR ON MERITS. 3. ON A PERUSAL OF THE GROUNDS OF APPEAL WE NOTICED THAT REVENUE IS CHALLENGING ORDER OF THE LD.CIT(A) IN HOLDING THAT THE APPEAL FILED AGAINST 2 ITA NO. 3751/MUM/2019 (A.Y: 2012 - 13) SHRI INDERRAJ A. TALWAR CONSEQUENTIAL ASSESSMENT ORDER PASSED U/S. 143(3) GIVING EFFECT TO ORDER U/S. 263 OF THE ACT WILL NOT SURVIVE IN VIEW OF THE FACT THAT THE TRIBUNAL QUASHED THE ORDER PASSED BY THE LD.CIT(A) U/S. 263 OF THE ACT. 4. WE HAVE PERUSED THE ORDER OF THE LD.CIT(A) AND NOTICED THAT TH IS TRIBUNAL QUASHED THE ORDER PASSED BY THE LD.CIT(A) U/S. 263 OF THE ACT AND RESTORED THE ORIGINAL ASSESSMENT ORDER PASSED U/S. 143(3) OF THE ACT. THEREFORE SINCE THE TRIBUNAL QUASHED THE ORDER OF THE LD.CIT THE CONSEQUENTIAL ASSESSMENT ORDER PASSED U/S. 143(3) R.W.S. 263 OF THE ACT WILL NOT SURVIVE A ND ANY APPEAL AGAINST SUCH ORDER BECOMES INFRUCTUOUS. THE APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD.CIT(A) WHICH IS ARISING OUT OF ORDER PASSED U/S. 143(3) R.W.S. 236 OF THE ACT WILL ALSO BECOME INFRUCTUOUS AND T HEREFORE THE LD.CIT(A) HAS RIGHTLY ACCEPTED THE CONTENTION OF THE ASSESSEE THAT NO APPEAL WILL SURVIVE AGAINST THE ORDER U/S. 143(3) R.W.S. 263 OF THE ACT. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 17 .03 .2021 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD SD/ - SD/ - ( N.K. PRADHAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 17 . 03.2021 GIRIDHAR SR.PS 3 ITA NO. 3751/MUM/2019 (A.Y: 2012 - 13) SHRI INDERRAJ A. TALWAR COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT MUM