ACIT, CHENNAI v. M/s. Stone Wonders (India) Ltd., CHENNAI

ITA 805/CHNY/2011 | 1999-2000
Pronouncement Date: 14-07-2011 | Result: Dismissed

Appeal Details

RSA Number 80521714 RSA 2011
Assessee PAN AABCS0400J
Bench Chennai
Appeal Number ITA 805/CHNY/2011
Duration Of Justice 2 month(s) 12 day(s)
Appellant ACIT, CHENNAI
Respondent M/s. Stone Wonders (India) Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 14-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 14-07-2011
Assessment Year 1999-2000
Appeal Filed On 02-05-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D CHENNAI BEFORE DR. O.K. NARAYANAN VICE-PRESIDENT AND SHRI HARI OM MARATHA JUDICIAL MEMBER I.T.A.NO. 805/MDS/2011 ASSESSMENT YEAR : 1999-2000 THE ASSISTANT COMMISSIONER OF INCOME-TAX COMPANY CIRCLE-VI(4) CHENNAI 600 034. VS. M/S. STONE WONDERS (INDIA) LTD. NO.76 CATHEDRAL ROAD CHENNAI 600 086. PAN AABCS 0400 J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.E.B.RENG ARAJAN JR. STAN DING COUNSEL RESPONDENT BY : SHRI PHILIP GEORGE ADVOCATE O R D E R PER DR. O.K. NARAYANAN VICE-PRESIDENT THIS APPEAL IS FILED BY THE REVENUE. THE RELEVANT ASSESSMENT YEAR IS 1999-2000. THIS APPEAL IS DIREC TED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEAL S)-V AT CHENNAI DATED 4.2.2011. THE APPEAL ARISES OUT OF T HE ITA 805/11 :- 2 -: ASSESSMENT COMPLETED UNDER SEC.143(3) READ WITH SEC .263 OF THE INCOME-TAX ACT 1961. 2. THE ORIGINAL ASSESSMENT COMPLETED IN THE PRESENT CASE WAS SET ASIDE BY THE COMMISSIONER OF INCOME-TAX THROUGH REVISIONAL ORDER PASSED UNDER SEC.263. THE ASSESSING OFFICER THEREAFTER REVISED THE ASSESSMENT IN OBEDIENCE OF THE REVISION ORDER. THE SAID REVISED ASSESSMENT ORDER HAS BEEN TAKEN IN APP EAL BEFORE THE COMMISSIONER OF INCOME-TAX (APPEALS). HE DECID ED THE MATTER IN FAVOUR OF THE ASSESSEE. IT IS AGAINST TH AT THE REVENUE HAS COME IN APPEAL BEFORE US. BUT IT IS TO BE SEEN THAT THE REVISION ORDER ITSELF WAS CHALLENGED BY THE ASSESSE E BEFORE THE TRIBUNAL IN APPEAL. THE SAID APPEAL IN ITA NO. 714 /MDS/2007 WAS CONSIDERED BY THE TRIBUNAL IN THEIR ORDER DATED 10.11.2008. ACCEPTING THE CONTENTIONS OF THE ASSESSEE THE TRIB UNAL HELD THAT THE REVISION ORDER PASSED BY THE COMMISSIONER WAS N OT SUSTAINABLE IN LAW. THE REVISION ORDER PASSED BY T HE COMMISSIONER WAS QUASHED. 3. NOW THE MATTER IS VERY CLEAR. WHEN THE REVISION ORDER PASSED BY THE COMMISSIONER UNDER SEC.263 ITSELF HAS BEEN QUASHED BY THE TRIBUNAL EVEN THE REVISED ASSESSMEN T ORDER ITA 805/11 :- 3 -: PASSED BY THE ASSESSING AUTHORITY DOES NOT EXIST IN LAW. BETTER NOT TO SPEAK ABOUT THE CORRESPONDING FIRST APPELLAT E ORDER AND THE APPEAL FILED BY THE REVENUE AGAINST THAT APPELLATE ORDER. THEREFORE THIS APPEAL FILED BY THE REVENUE HAS BEC OME INFRUCTUOUS. 4. IN RESULT THIS APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY THE 14 TH DAY OF JULY 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR.O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI DATED THE 14 TH JULY 2011 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR