HALMIRA ESTATE TEA PVT. LTD.,KOLKATA vs. ITO, WARD-4(4), KOLKATA

This appeal filed by the assessee pertaining to the Assessment Year (in short ‘AY’) 2015-16 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the ‘Act’) by ld. Commissioner of Income-tax (Appeals)- NFAC, Delhi [in short ld. ‘CIT(A)’] dated 07.02.2024 arising out of the assessment order framed u/s 144 read with Section 263 read with Section 144B of the Act dated 26.09.2021.

Ld. Counsel for the assessee challenges the impugned order of the ld. CIT(A) thereby submitting that the ld. CIT(A) dismissed the appeal of the assessee ignoring the real fact that for the same issue the Tribunal in ITA No. I.T.A. No.: 710/KOL/2024 Assessment Year: 2015-16 Halmira Estate Tea Pvt. Ltd. 382/KOL/2021 has confirmed the order of the Assessing Officer (hereinafter referred to as ld. 'AO') against which the present appeal has been dismissed by the ld. CIT(A) that is erroneous and the order passed by the ld. CIT(A) has become infructuous. 2.1. Ld. Counsel for the assessee submitted that after passing the order of the AO dated 26.09.2021 ld. Pr. CIT u/s 263 of the Act has held that the impugned order passed by the AO appears to be erroneous and prejudicial to the interests of the revenue, that order of the ld. Pr. CIT has been challenged by the assessee before the Tribunal bearing in which the Tribunal has allowed the appeal of the assessee confirming the order of the AO. Hence, any order passed subsequently in appeal by the ld. CIT(A) has become infructuous. He has filed photocopy of the decision of this Tribunal passed in ITA No. 382/KOL/2021. 3. Ld. D/R did not raise any objection. 4. After hearing the submissions of the ld. Counsel for the assessee we have perused the record and find as thus: a) The assessee is a company and income of Rs. 2,63,990/- declared in the return of income for AY 2015-16. b) The said order of the AO has been reversed by the ld. Pr. CIT u/s 263 of the Act. c) The order of the ld. Pr. CIT passed u/s 263 of the Act has been challenged by the assessee before this Tribunal bearing ITA No. 382/KOL/2021. d) The Tribunal in ITA No. 382/KOL/2021 has confirmed the order of the AO by allowing the appeal of the assessee. e) The order of the Tribunal passed on 27.02.2024. f) The present appeal against which the impugned order passed by the ld. CIT(A) was in fact passed on 07.02.2024 i.e. prior to the passing of the order of the Tribunal.

In the result, the appeal filed by the assessee is allowed. Order pronounced in the open Court on 24th July, 2024. Sd/- Sd/- [Manish Borad] [Pradip Kumar Choubey] Accountant Member Judicial Member Dated: 24.07.2024 Bidhan (P.S.) Copy of the order forwarded to: