TCG LIFESCIENCES PRIVATE LIMITED.,KOLKATA vs. DCIT, CIRCLE-11(2), KOLKATA, KOLKATA

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ITA 93/KOL/2018Status: DisposedITAT Kolkata13 February 2019AY 2009-102 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the CIT(A) had taken cognizance of the Tribunal's earlier order quashing the Section 263 order and dismissed the appeal before him. The Tribunal found no infirmity in the CIT(A)'s order.

What were the facts?

The assessee filed an appeal against an order passed by the CIT(A) under Section 147/143(3) for AY 2009-10. The assessee's counsel pointed out that a previous order under Section 263 had been quashed by the Tribunal.

What were the issues?

Whether the appeal filed by the assessee had become infructuous due to the quashing of a prior Section 263 order by the Tribunal.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “D”, KOLKATA

Hearing: 29.11.2018Pronounced: 13.02.2019

ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER This appeal filed by the assessee against the order dated 14.12.2017 passed by CIT(A)-4, Kolkata u/s 147/143(3) of the Income Tax Act, 1961 (in short “Act”) for AY 2009-10.

2.

Heard both parties and perused the material available on record. it is brought to our notice by the Ld.AR that the order passed u/s 263 was quashed by this Tribunal vide its order dated 07.07.2017. Ld.AR placed on record the said order and referring to para 8.14 submitted that since the order passed u/s 263 is quashed, the present appeal filed questioning giving effect order passed by the AO and the appeal becomes infructuous and no orders are required. On perusal of the impugned order, it is noted that the CIT(A) taken cognizance of order passed by this Tribunal in and dismissed the appeal filed before him. We find no infirmity in the order of CIT(A) and accordingly, Ground No.1 raised by the assessee is dismissed as infructuous.

3.

In the result, the appeal of the assessee is dismissed as infructuous.

Order pronounced in the open court on 13.02.2019.

1.

Sd/- Sd/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ Date:- 13.02.2019 *Amit Kumar* Copy forwarded to:

1. 1. Appellant- TCG Lifesciences Pvt.Ltd., Block BN, Plot no.7, Salt Lake Electronics Complex, Sector-V, Kolkata-700091.

2. Respondent- DCIT, Circle-11(2), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069.

3. CIT-Kolkata 4. CIT(Appeals)-Kolkata 5. DR: ITAT -Kolkata Benches By order

AR/H.O.O ITAT, KOLKATA

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