OM FORGING & ENGINEERING PRIVATE LIMITED,KOLKATA vs. I.T.O.,WARD-3(3), KOLKATA

ORDER Per Shri A.T.Varkey, JM

Both these appeals are preferred by the assessee against the order of Ld. CIT(A)-12, Kolkata dated 10.01.2019 for A Ys. 2010-11 & 2011-12.

for both the assessment years are as under:

1. That on the facts of the case, the Ld. Commissioner of Income Tax (Appeals)-12, Kolkata erred in dismissing the appeal of the assessee although the impugned Assessment Order was passed in consequence to the order dated 13th February, 2017 passed u/s 263 of the Act which was quashed by Hon’ble Tribunal vide & 510/Kol/2017 dated 13th December, 2017.

2. That, on the facts stated in the aforesaid ground, the Ld. Commissioner of Income (Appeals)-12, Kolkata should have quashed the impugned assessment order dated 14th December,2017 passed u/s 143(3) / 147 r.w.s. 263 of the Income Tax Act, 1961.

3. At the outset, the ld. Counsel for the assessee, Shri A. K. Tibrewal, FCA, brought to our notice that the impugned order of Ld CIT(A) stems from the Assessing Officer’s re- assessment order dated 14.12.2017 for A.Y. 2010-11 and 2011-12 ; respectively, which was passed consequent to the order passed by the Ld. Principal CIT u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) dated 13.2.2017 for both the years. It was brought to our notice that the assessee had challenged the order of the PCIT passed u/s 263 of the Act dated 13.2.2017 before this Tribunal vide & 510/Kol/2017 for A.Ys. 2010-11 & 2011-12 respectively and the Tribunal “B” Bench vide order dated 13.12.2017 after hearing the ld. CIT D.R was pleased to quash the order of Principal CIT passed u/s 263 of the Act and drew our attention to the order of the Tribunal in the case of the assessee dated 13.12.2017. Therefore, according to the ld. A.R all the consequent actions taken by the Assessing Officer/ ld. CIT(A) is null in the eyes of law. The Ld. D.R could not controvert this factual assertion of the ld. A.R that since the Tribunal has quashed the ld. Principal CIT’s order u/s 263 dated 13.2.2017 and therefore, the consequent action of the Assessing Officer / ld. CIT(A) are null in the eyes of law.

Order is pronounced in the open court on 24th September, 2020.