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Income Tax Appellate Tribunal, KOLKATA BENCH “C” KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
Shri Saurabh Kumar, Addl. CIT-DR अपीलाथ� क� ओर से/By Appellant Shri Shreya Daga, ACA ��यथ� क� ओर से/By Respondent 16-01-2019 सुनवाई क� तार�ख/Date of Hearing 27-02-2019 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- This Revenue’s appeal for assessment year 2010-11 arises against the Commissioner of Income Tax (Appeals)-22, Kolkata’s order dated 30.11.2017 passed in case No.129/CIT(A)-22/2010-11/16-17/Kol, involving proceedings u/s 263 r.w.s.143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
It transpires at the outset during the course of hearing that this is second round of consequential assessment as per the CIT (International Taxation and Transfer Pricing)’s sec. 263 order dated 03.03.2015 revising the JCIT(IT), OSD, Ciriircle-2(1), Kol. vs. PriceWaterHouseCoopers LLP Page 2 earlier regular assessment dated 19.03.2013 terming it erroneous causing prejudicial to interest of the Revenue. The assessee had preferred its appeal against the same. A co-ordinate bench’s order therein dated 14.02.2018 has reversed the CIT’s foregoing revision order itself which acted as the foundation of the impugned consequential proceedings. The assessee has placed on record the said co-ordinate bench’s order in paper book. The Revenue is fair enough in not disputing all these clinching intervening developments. Its instant appeal has no legs to stand therefore.