D.C.I.T.CC - VIII,KOL., KOLKATA vs. M/S KANAK PROJECTS LTD., KOLKATA

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ITA 2250/KOL/2013Status: DisposedITAT Kolkata09 January 2017AY 2007-083 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?

The Tribunal noted that a Co-ordinate Bench had previously quashed the Section 263 order in the assessee's own case. Therefore, the present appeal by the Revenue was rendered infructuous and required no further adjudication.

What were the facts?

The Revenue appealed against an order of the CIT(A) concerning a reassessment order passed under Section 143(3)/147. The assessee had previously challenged an order passed by the CIT under Section 263 before the ITAT.

What were the issues?

Whether the Revenue's appeal is infructuous due to a prior ITAT decision quashing the underlying CIT order.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH,

Before: Shri S.S. Viswanethra Ravi & Shri Dr. A.L. Saini

Shri. S.S.Viswanethra Ravi, JM: This appeal by the Revenue is against the order dt: 28th June, 2013 passed by the Commissioner of Income Tax-(Appeals), Central-I, Kolkata for the assessment year 2007-08.

2.

It was submitted by the ld.AR of the assessee that this appeal is arising out of the impugned order of the CIT(A), wherein the assessee challenged the giving effect order passed u/s. 143(3)/147 of the Act, in pursuance of order M/s. Kanak Projects Ltd 1 passed u/s. 263 of the Act by CIT. It was further submitted that the assessee challenged the order of the CIT passed u/s. 263 of the Act before this Tribunal, wherein the Tribunal allowed the appeal of assessee by quashing the order therein passed u/s. 263 of the Act and in view of the same no further order requires and as such the present appeal of revenue may be dismissed as infructuous.

3.

The ld.DR submits that the assessee succeeded in the appeal filed against the order passed u/s. 263 before the Tribunal order and conceded no further order requires in this appeal of revenue.

4.

Heard rival submissions and perused the material available on record. We find that the Co-ordinate Bench of this Tribunal quashed the order passed u/s. 263 by relying on the order of Tribunal in assessee’s own case for A.Y 1998-99, in view of the same, the present appeal requires no adjudication. Hence, the same is dismissed as infructuous.

5.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open Court on 09 -01-2017.

Sd/- Sd/- Dr. A.L. Saini S.S. Viswanethra Ravi Accountant Member Judicial Member Dated 09- 01-2017 Copies to : **PP/SPS (1) Appellant/Revenue : Deputy Commissioner of Income Tax, C.C-VIII, Room No. 403, 4th Floor, Aaykar Bhawan Poorva, 110 Shanti Pally, E.M Bye Pass, Kolkata-107. 2) Department/Assessee: M/s. Kanak Projects Ltd 41 Chowringhee Road, Kolkata-700 071. (3)Commissioner of Income-tax (Appeals) (4) Commissioner of Income Tax, Kolkata (5) The Departmental Representative (6) Guard File By order Assistant Registrar, Income Tax Appellate Tribunal

Kolkata

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