ITO ACIT-31(1), MUMBAI vs. M/S DBS REALTY , MUMBAI

The aforesaid appeals have been filed by the revenue against the impugned order dated 15/03/2019, passed by the CIT(A)- 42, Mumbai, for the Assessment Years 2012-13 & 2013-14.

The only issue raised by the revenue in both the appeals is that the ld. CIT(A) is not justified in holding that the order passed u/s.143(3) r.w.s. 263 of the Act is infructuous by relying on the order of the Co-ordinate Bench in & 3035/Mum/2018 dated 08/03/2019 for A.Y.2012- 13 & 2013-14.

At the time of hearing when the case was called up for hearing neither assessee nor authorized representative appeared in the virtual court nor any allocation seeking adjournment was filed before us. Therefore we are deciding these appeals after hearing the ld. DR only. . 4. After hearing the ld. DR and perusing the order of the ld. CIT(A), we observe that in both the cases, the co-ordinate bench has quashed the revisionary order passed by ld. PCIT u/s.263 of the Act for both the years and the ld. CIT(A) while deciding the appeal of the assessee has followed the said Co-ordinate Bench decision in ITA No.3034 & 3035/Mum/2018 for both the above years wherein, the revisionary jurisdiction excercised under section 263 of the Act been quashed and accordingly, held the appeal of the assessee to be infructuous. Since, the ld. CIT(A) has followed the ITAT order and decided the appeal to be infructuous, we are inclined to upheld the same. Accordingly, the revenue appeals are dismissed. 5. In the result, appeals of the Revenue are dismissed.