JCIT(IT), OSD, CIRCLE - 2(1), KOLKATA, KOLKATA vs. PRICEWATERHOUSE COOPERS LLP, KOLKATA

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ITA 190/KOL/2018Status: DisposedITAT Kolkata27 February 2019AY 2010-112 pages

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

AI SummaryDismissed

What did the Tribunal hold?

A co-ordinate bench had already reversed the CIT's revision order, which was the basis for the current proceedings. The Revenue did not dispute these developments.

What were the facts?

The Revenue filed an appeal against an order passed in proceedings under Section 263. This was a second round of assessment following a revision order by the CIT. The assessee had previously appealed against the revision order.

What were the issues?

Whether the current appeal is maintainable when the foundational revision order has been set aside by a higher authority.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

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.

2.

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.

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