THE DCIT, CIRCLE-2(2), AHMEDABAD vs. PARSHWANATH CORPORATION, AHMEDABAD

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ITA 26/AHD/2020Status: HeardITAT Ahmedabad23 November 2021AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the basis of the impugned order (reopening under Section 263) was quashed, the appeal and the Cross Objection had become infructuous. Therefore, both were dismissed.

What were the facts?

The Revenue filed an appeal against an order passed under Section 263 of the Income Tax Act. The assessee had also filed a Cross Objection. The original order under Section 263 was subsequently quashed by the ITAT in a separate appeal.

What were the issues?

Whether an appeal and cross-objection become infructuous when the underlying order that formed their basis is quashed by a higher tribunal.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Biren Shah, AR
For Respondent: Shri Mohd. Usman, CIT DR, Shri Biren Shah, AR
Hearing: 30.11.2021Pronounced: 30.11.2021

Heard together (2 matters)

I.T.A. No. 26/Ahd/2020
C.O. No. 48/Ahd/2020

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD [CONDUCTED THROUGH VIRTUAL AT AHMEDABAD] BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER& Ms. MADHUMITA ROY, JUDICIAL MEMBER (Assessment Year: 2012-13) Deputy Commissioner of Income- Vs. Parshwanath Corporation tax, Circle-2(2), 50, Harsiddh Chambers, Ahmedabad Ashram Road, Ahmedabad- 380014 [PAN No. AABFP9058J] (Appellant) .. (Respondent) C.O. No. 48/Ahd/2020 (in (Assessment Year: 2012-13) Parshwanath Corporation Vs. Deputy Commissioner of 50, Harsiddh Chambers, Ashram Income-tax, Circle-2(2), Road, Ahmedabad-380014 Ahmedabad [PAN No. AABFP9058J] (Appellant) .. (Respondent) Revenue by : Shri Mohd. Usman, CIT DR Assessee by : Shri Biren Shah, AR Date of Hearing 30.11.2021 Date of Pronouncement 30.11.2021 O R D E R PER Ms. MADHUMITA ROY - JM:

The instant appeal filed by the Revenue is directed against the order dated 23.10.2019 passed by the Ld. CIT(A)-10, Ahmedabad arising out of the order dated 26.03.2015 passed by the ACIT, Circle-2(2), Ahmedabad under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for A.Y. 2012-13. The assessee has also filed a Cross Objection against the said appeal.

CO No. 48/Ahd/2020 DCIT vs. Parshwanath Corporation Asst.Year –2012-13 - 2 -

2.

It is submitted by the Ld. AR that the original order passed under Section 263 dated 26.03.2015 out of which the instant appeal arose was quashed by the Hon’ble ITAT in the appeal preferred by the assessee in a copy whereof has also been submitted before us. Since the very basis of the order impugned being the reopening under Section 263 of the Act has been quashed by the Hon’ble ITAT the consequential appeal and the C.O. as filed before us become infructuous as submitted by the Ld. AO which has not been controverted by the Ld. DR.

3.

Taking into consideration the above submission made by the Ld. AR and upon perusal of the order passed by the Coordinate Bench in we find that both the ITA and C.O. have been infructuous. Hence, both the ITA and C.O. are dismissed as infructuous.

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