ITO, WARD-3(1), KOLKATA, KOLKATA vs. SUBHLABH STEELS PRIVATE LIMITED, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI SANJAY AWASTHIAssessment Year: 2013-14
Per Bench : This appeal has been filed by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/NFAC/S/250/2023- 24/1053959506(1) dated 26.06.2023 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2013-14. 2. None appeared on behalf of the assessee and Shri P.N. Barnwal, Sr. DR appeared on behalf of the revenue. 3. At the time of hearing it was submitted by the Ld. CIT, DR that the original assessment order u/s. 143(3) had been passed on 09.02.2016. This order was subject matter to the revision u/s. 263 of the Act dated 26.03.2018. It was the submission that the consequential order has been 2 Subhlabh Steels Pvt. Ltd., AY: 2013-14
passed u/s. 143(3) r.w.s. 263 on 30.08.2018, which was the subject matter of the appeal before the Ld. CIT(A) which is the impugned order in appeal before the Tribunal. It was fairly agreed by the Ld. CIT, DR that the order passed on 26.03.2016 was the subject matter of an appeal before the Tribunal in ITA No. 207/Kol/2018 and vide an order dated 20.03.2020 the order u/s. 263 has been quashed.
4. We have considered the submission of the Ld. CIT, DR and as it is noticed that the very assessment order dated 30.08.2018 which is the order against which the impugned order of the Ld. CIT(A) has been quashed, the very foundation no more exists. Consequently, the order of the Ld. CIT(A) and that of the Assessing Officer passed u/s. 143(3) r.w.s. 263 dated
30.08.2018 stand quashed. However, as this is a revenue appeal and as it is noticed that the Ld. CIT(A) has already granted relief to the assessee, we find no reason to interfere in the order of the Ld. CIT(A). Consequently, the appeal of the revenue stands dismissed.
5. In the result, appeal of the revenue is dismissed.
Order dictated and pronounced in the open court. (Sanjay Awasthi) (George Mathan)
Accountant Member
Judicial Member
Dated: 20th March, 2025
JD, Sr. P.S.
Copy to:
1. The Appellant: ITO, Ward-3(1), Kolkata
2. The Respondent. Subhlabh Steels Pvt. Ltd
3. CIT(A), NFAC, Delhi
4. Pr. CIT
5. DR, ITAT, Kolkata Bench, KolkataBy Order