DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, COIMBATORE vs. ABT LIMITED, COIMBATORE

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ITA 1104/CHNY/2023Status: DisposedITAT Chennai29 November 2023AY 2013-143 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 noted that the ITAT had previously quashed the revision orders passed under Section 263 on grounds of limitation. Since the appeals before the Tribunal were against the CIT(A)'s order which followed the ITAT's decision, and the matter was pending before the High Court, the current appeals were dismissed.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) which had quashed the revision orders passed under Section 263. The CIT(A) had quashed the revision order as the original assessment order was subject to revision under Section 263, and the ITAT had already quashed the revision order on grounds of limitation.

What were the issues?

The primary issue was whether the appeals filed by the Revenue were maintainable, given that the underlying revision orders had been quashed by the ITAT on grounds of limitation and the matter was pending before a higher court.

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, ‘B’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 29.11.2023Pronounced: 29.11.2023

आदेश /O R D E R PER MAHAVIR SINGH, VP: These appeals by the Revenue are arising out of the orders of the Commissioner of Income Tax (Appeals)-20, Chennai in & 79/CIT(A)/2023-24 both dated 04.08.2023. The assessments were framed by the DCIT, Central Circle-1, Coimbatore for the assessment years 2013-14 & 2014-15 u/s.143(3) r.w.s. 263 of the Income Tax

- 2 - & 1105/Chny/2023 Act, 1961 (hereinafter ‘the Act’), vide orders of even date 19.03.2022..

2.

At the outset, the ld.counsel for the assessee Shri N. Arjun Raj, C.A., as well as ld. Senior DR, Shri D. Hema Bhupal, both conceded that these two appeals of Revenue are not-maintainable and to be dismissed as infructuous. The ld.counsel for the assessee drew our attention to order of CIT(A) for both the years and drew our attention to para 7, which reads as under:- “7. Decision 7.1 I have gone through 143(3) r.w.s. 263 order and the submissions made by the appellant company. During the appellate proceedings, the appellant company filed copy of Hon'ble ITAT order in its own case vide & 62/Chny/2021 dated 24.08.2022 wrt order u/s 263 consequent to which order under appeal is passed. Hon'ble ITAT vide para 10 & 11 of order cited above has quashed the revision order passed u/s 263. Relevant extract of ITAT order is reproduced as under:

1.

"10. Therefore, respectfully following the above decision of the Tribunal, we hold that the revision order passed by the Id. PCIT dated 04.03.2 02 1 is clearly barred by limitation for the reason that the said order was passed after expiry of two years from the end of financial year in which the assessment order sought to be revised was passed. Accordingly, the revision order passed under section 263 of the Act is quashed for the assessment year 2013-14.

11.

So far as assessment year 2014-15 is concerned, since facts are similar to that of the assessment year 2013-14, the revision order passed under section 263 of the Act dated 05.03.2021 for the assessment year 2014-15 also stands quashed. "

7.2 Since order u/s 263 basing on which order under appeal has been passed has been quashed, order u/s 143(3) rws 263 has no legs to stand. The AO is therefore directed to delete disallowance u/s 14A Rs. 74,81,814/- made vide

- 3 - & 1105/Chny/2023 order u/s 143(3) I.W.s. 263 for assessment year 2014-15. Grounds of appeal of the appellant are Allowed.”

In view of the above, we noted that the Revenue has already challenged the Tribunal’s order quashing the revision orders passed by PCIT u/s.263 of the Act, vide & 62/CHNY/2022, order dated 24.08.2022, which is subject matter of further appeal before Hon’ble High Court of Madras in TCA Nos.10 & 11 of 2023 and pending. We noted that the matter in regard to revision order quashed by Tribunal in these two years is pending before Hon’ble High Court and hence, these appeals do not survive. Hence, these two appeals are dismissed as infructuous.

3.

In the result, the appeals filed by the Revenue in & 1105/CHNY/2023 are dismissed.

Order pronounced in the open court on 29th November, 2023 at Chennai.

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