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Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy, Hon’ble & Sri S.S. Viswanethra Ravi, Hon’ble]
Both these appeals are filed by the revenue and the Cross objections are filed by the assessee directed against the order of the ld. Commissioner of Income Tax (Appeals)-24, Kolkata (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 29/01/2016, for the Assessment Years 2006-07 & 2007-08.
As the issues arising in both these appeals are common, they are heard together and disposed off by way of this common order.
2 Assessment Year: 2006- Assessment Year: 2007-08 M/s. Duncans Industries Ltd 3. Consequent to a survey operation conducted on the assessee, an order u/s 201(1)/201(1A) of the Act, was passed by the Assessing Officer for the Assessment Year 2005-06 and 2006-07, separately on 31/07/2007. Again another order under the very same Sections for the very same Assessment Years was passed on 31/03/2011. No reasons were given as to why the second order is being passed under the same Sections for the very same Assessment Years, on the very same issues.
Be it as it may, the ld. CIT(A) at para 7.2. declared that both the order are barred by limitation. He also decided the case on merits in favour of the assessee. In its grounds of appeal, the revenue has not raised a ground against the finding of the ld. CIT(A), that the order of the Assessing Officer is barred by limitation.
5. Under these circumstances, we have no other alternative but to dismiss these appeals by the revenue as mis-directed for the reason that the finding of the ld. CIT(A) on limitation has not been challenged before us by the revenue and under these circumstances adjudication on merits would of no use. 5.1. The Cross-objections are also dismissed as these are supporting the order of the ld. CIT(A) on merits only.
In the result, both these appeals by the revenue and both the cross-objections by the assessee are dismissed.