PRECIOUS TRANSPORT SERVICE,KOCHI vs. THE ITO (TDS), KOCHI

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ITA 969/COCH/2022Status: DisposedITAT Cochin11 September 2023AY 2004-05Bench: Shri Sanjay Arora (Accountant Member), Shri Manomohan Das (Judicial Member)2 pages
AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that the impugned order passed by the CIT(A) was null and void as it decided an appeal that had already been disposed of. This was due to an error in the migration of the appeal to the NFAC.

What were the facts?

The assessee's appeal against an assessment order was dismissed by the CIT(A). However, the assessee contended that their appeal against the original assessment had already been disposed of by the CIT(A) on an earlier date. The tribunal noted that the impugned order was passed on a non-existing appeal.

What were the issues?

Whether an order passed by the CIT(A) deciding an appeal that has already been disposed of is valid.

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

For Appellant: Shri Surendranath Rao, CA
For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Hearing: 11.09.2023Pronounced: 11.09.2023

O R D E R Per:Sanjay Arora, AM This is an Appeal by the Assessee directed against the Order dated 21.09.2022 by the Commissioner of Income Tax (Appeals), Income Tax Department [CIT(A)], dismissing it’s appeal contesting it’s assessment under sections 201(1)/201(1A) of the Income Tax Act, 1961 (hereinafter "the Act") dated 24.03.2011 for Assessment Year (AY) 2004-05.

2.

The appeal is delayed by 8 days, which is suitably explained per a sworn affidavit dated 23.11.2023 by Shri Daya Ram Singh, Managing Partner of the appellant-firm. Hearing was, admitting the appeal, accordingly proceeded with.

3.

At the outset, it was explained by Sri Rao, the learned counsel for the assessee, that the impugned order is void in law inasmuch as the assessee’s appeal against it’s impugned assessment dated 24.3.2011 (for AY 2004-05) stands already disposed of by the CIT(A)-3, Kochi vide it’s order dated 17.10.2016 (copy on record). That is, the ITANo. 969/Coch/2022 (AY: 2004-05) Precious Transport Servicevs. ITO impugned order decides a non-existing appeal, which also explains the assessee’s non-response to the hearing notices before the first appellate authority.

4.

We have heard the parties, and perused the material on record. We have, in confirmation of the assessee’s averments, besides the section/s under which the assessment order is passed; its date, also compared the number of the Appeal filed by the assessee before the first appellate authority, and the date of its institution, as indeed the tax demand, to find them in total agreement. The assessee’s appeal stands since disposed of by the first appellate authority on 17/10/2016 and, as it appears, there has occurred an error in the migration of the appeal to the NFAC. The assessee ought to have, rather than not responding, clarified matters to the ld. CIT(A). The impugned order is, nevertheless, null and void. We hold accordingly.

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