SAHARA UNIVERSAL MININGS CORPORATION LIMITED,KOLKATA vs. A.D.I.T., CIRCLE - 7(1), KOLKATA, KOLKATA

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ITA 707/KOL/2022Status: DisposedITAT Kolkata23 February 2023AY 2013-20146 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found merit in the assessee's contention that the CIT(Appeals) taking cognizance of an already decided appeal was erroneous. The Tribunal set aside the impugned order.

What were the facts?

The assessee appealed an assessment order. The CIT(Appeals) had already decided the appeal on an earlier date. However, the CIT(Appeals) took cognizance of the appeal again and dismissed it as withdrawn for statistical purposes.

What were the issues?

Whether the CIT(Appeals) can take cognizance of an appeal that has already been decided. The validity of a subsequent order by the CIT(Appeals) on a decided matter.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar

order : February 23, 2023 O R D E R Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 14.10.2022 passed for A.Y. 2013-14.

2.

Before adverting to the submissions of the ld. Counsel for the assessee and appreciating the facts, we deem it appropriate to take note of the complete order of the ld. CIT(Appeals), which reads as under:- 1 Assessment Year: 2013-2014 Sahara Universal Minings Corporation Limited Assessment Year: 2013-2014 Sahara Universal Minings Corporation Limited

3.

The ld. Counsel for the assessee, at the very outset, submitted that against an assessment order passed under section 147/143(3) dated 30.12.2016, an appeal was instituted before the ld. CIT(Appeals) on 27.01.2017. It was numbered as under:- Appeal No. 331/CIT(A)-7/Kol/Circle-8(2)/17-18 3 Assessment Year: 2013-2014 Sahara Universal Minings Corporation Limited He further contended that this appeal was decided on 29.12.2017. The ld. Counsel for the assessee has placed on record copy of the ld. CIT(Appeals)’s order before us and for the facility of reference, we take note of the first page of this order, which reads as under:- Assessment Year: 2013-2014 Sahara Universal Minings Corporation Limited

4.

The ld. Counsel further submitted that since appeal has already been decided by the ld. 1st Appellate Authority, therefore, cognizance on a decided appeal taken by the ld. CIT(Appeals) is an erroneous step. When this fact was brought to the notice of ld. CIT(Appeals), then ld. CIT(Appeals) instead of dropping the proceeding and treating the proceeding as redundant concluded in the last line that appeal is dismissed as withdrawn for statistical purpose. The apprehension of the ld. Counsel for the assessee is that it may creates some problem for the assessee qua the original order dated 29.12.2017. Therefore, he submitted that basically this impugned order be set aside and it is to be held that dispute stands resolved by an order dated 29.12.2017.

5.

We find force in his contention and in order of buttress this contention, we have reproduced the impugned order as well as first page of the order dated 29.12.2017. After considering the above, the appeal of the assessee is treated as allowed. The order of the ld. CIT(Appeals) is set aside. For statistical purposes, in the record of the ld. CIT(Appeals), it is to be recorded that cognizance taken by Faceless Authority on the appeal of the assessee for A.Y. 2013-14 is to be construed as dropped. Assessment Year: 2013-2014 Sahara Universal Minings Corporation Limited 6. In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 23rd February, 2023.

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