KESAR TERMINALS AND INFRASTRUCTURE LIMITED,MUMBAI vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE AND DEPUTY COMMISSIONER OF INCOME TAX - 1(2)(1), MUMBAI

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ITA 5988/MUM/2024Status: DisposedITAT Mumbai18 February 2025AY 2013-14Bench: SHRI OM PRAKASH KANT (Accountant Member), SHRI RAHUL CHAUDHARY ( (Judicial Member)1 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had filed a writ petition before the Bombay High Court challenging the notice under Section 148, which was allowed in favour of the assessee. Therefore, the appeal filed before the Tribunal was dismissed as infructuous.

What were the facts?

The assessee filed an appeal against an order upholding the reopening of assessment under Section 147 and the disallowance of a deduction under Section 80-IA. The assessee had also challenged the reassessment notice under Section 148 before the Bombay High Court.

What were the issues?

Whether the reassessment proceedings are valid when a writ petition challenging the notice under Section 148 has been allowed in favour of the assessee, rendering the appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 80-IA,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “E” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI RAHUL CHAUDHARY

For Appellant: Mr. Karan Jain a/w, Mr. Surat Singh D
For Respondent: Mr. Hemanshu Joshi, Sr. DR
Pronounced: 18/02/2025

This appeal by the assessee is directed against order dated 26.09.2024 passed by the Ld. Commissioner of Income-tax (Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2013-14, raising following grounds:

GROUND NO. 1: RE GROUND NO. 1: RE-ASSESSMENT NOTICE U/S. 148, RE ASSESSMENT NOTICE U/S. 148, RE- ASSESSMENT ASSESSMENT PROCEEDINGS AND CONSEQUENTIAL RE PROCEEDINGS AND CONSEQUENTIAL RE- ASSESSMENT ORDER IS BAD IN ASSESSMENT ORDER IS BAD IN LAW: 1.1 On the facts and in the circumstances of the case and in 1.1 On the facts and in the circumstances of the case and in 1.1 On the facts and in the circumstances of the case and in law, the Id. CIT(A) erred in upholding the action of Id. AO in law, the Id. CIT(A) erred in upholding the action of Id. AO in law, the Id. CIT(A) erred in upholding the action of Id. AO in reopening the assessment u/s. 147 of the Act. reopening the assessment u/s. 147 of the Act. 1.2 The Appellant pra 1.2 The Appellant prays that the notice u/s. 148 of the Act, ys that the notice u/s. 148 of the Act, re-assessment assessment assessment proceedings proceedings proceedings and and and the the the consequent consequent consequent order be quashed. quashed.

2. GROUND NO. 2: DISALLOWANCE OF CLAIM OF 2. GROUND NO. 2: DISALLOWANCE OF CLAIM OF 2. GROUND NO. 2: DISALLOWANCE OF CLAIM OF DEDUCTION U/S. 80 DEDUCTION U/S. 80-IA OF THE ACT AMOUNTING TO RS. IA OF THE ACT AMOUNTING TO RS. 3,13,06,552/ 3,13,06,552/-: 2.1 On the facts and in circumstances of the ca 2.1 On the facts and in circumstances of the case and in law, se and in law, the Id. CIT(A) erred in upholding the action of Id. AO in the Id. CIT(A) erred in upholding the action of Id. AO in the Id. CIT(A) erred in upholding the action of Id. AO in disallowing the deduction of Rs. disallowing the deduction of Rs. 3,13,06,552/- claimed by claimed by the Appellant u/s. 80 the Appellant u/s. 80-IA of the Act. 2.2 The Appellant prays that the disallowance of deduction 2.2 The Appellant prays that the disallowance of deduction 2.2 The Appellant prays that the disallowance of deduction of Rs. 3,13,06,552/ of Rs. 3,13,06,552/-claimed u/s. 80-IA of the Act be deleted. IA of the Act be deleted.

3. GROUND NO. 3: LEVY OF INTEREST OF RS. 34,47,118/ 3. GROUND NO. 3: LEVY OF INTEREST OF RS. 34,47,118/ 3. GROUND NO. 3: LEVY OF INTEREST OF RS. 34,47,118/- U/S. 234B AND RS. U/S. 234B AND RS. 6,20,921/- U/S. 234C OF THE ACT: U/S. 234C OF THE ACT: 3.1 On the facts and circumstances of the case and in law, 3.1 On the facts and circumstances of the case and in law, 3.1 On the facts and circumstances of the case and in law, the Id. AO erred in levying interest u/s. 234B and 234C of the Id. AO erred in levying interest u/s. 234B and 234C of the Id. AO erred in levying interest u/s. 234B and 234C of the Act, amounting to Rs. 34,47,118/ he Act, amounting to Rs. 34,47,118/-and Rs. 6,20,921/ and Rs. 6,20,921/- respectively. 3.2 The Appellant prays that the Id. AO be directed to 3.2 The Appellant prays that the Id. AO be directed to 3.2 The Appellant prays that the Id. AO be directed to delete/appropriately reduce the levy of interest u/s. 234B delete/appropriately reduce the levy of interest u/s. 234B delete/appropriately reduce the levy of interest u/s. 234B and 234C of of the Act.

2.

At the outset, the Ld. counsel for the assessee At the outset, the Ld. counsel for the assessee At the outset, the Ld. counsel for the assessee submitted a written request for withdrawing the captioned appeal in view of writ written request for withdrawing the captioned appeal in view of written request for withdrawing the captioned appeal in view of filed before the Hon’ble Jurisdictional Bombay High Court filed before the Hon’ble Jurisdictional Bombay High Court filed before the Hon’ble Jurisdictional Bombay High Court challenging notice u/s 148 of the income challenging notice u/s 148 of the income-tax Act, 1961( in short the tax Act, 1961( in short the Act) allowed in favour of the assessee. In view o allowed in favour of the assessee. In view of request of the f request of the assessee seeking withdrawal of the appeal, the appeal is dismissed assessee seeking withdrawal of the appeal, the appeal is dismissed assessee seeking withdrawal of the appeal, the appeal is dismissed as infructuous.

3.

In the result, the appeal of the assessee is dismissed. In the result, the appeal of the assessee is dismissed. In the result, the appeal of the assessee is dismissed.

Order pronounced in the open Court on nounced in the open Court on 18/02/2025. /02/2025.

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