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Income Tax Appellate Tribunal, NAGPUR BENCHES : NAGPUR
Before: SHRI SATBEER SINGH GODARA & SHRI GD PADMAHSHALI
THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCHES : NAGPUR (THROUGH VIRTUAL HEARING) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, ACCOUNTANT MEMBER ITA.Nos.102/Nag./2018 Assessment Years: 2011-2012 Deputy Commissioner Of Shri Kirtikumar Mitesh Income Tax Bhangadiya Central Circle-2(1), Nagpur vs. 20-2, House No. 526, Near Getwell Hospital, Dhantoli, Nagpur-440012 PAN: AGYPB1659G (Appellant) (Respondent) For Assessee : Shri Ashok Bansal, CA For Revenue : Shri Sanjay Agrawal, DR Date of Hearing : 29.08.2023 Date of Pronouncement : 22.09.2023 ORDER PER GD PADMAHSHALI, A.M.
This Revenue’s appeal for A.Y. 2011-12, arises against the CIT(A)-3, Nagpur’s order dated 23.02.2018, passed in Case No. CIT(A)-3/58/2016-17, in proceedings under section 153Ar.w.s. 143(3) r.w.s. 263 of the Income Tax Act, 1961 [“In short Act”].
Heard both the parties at length. Case file perused.
It emerges at the outset with the able assistance coming from both the parties that there is hardly any need for us to delve with the relevant factual matrix herein at length. This is for the precise reason that we are dealing with second round of a consequential assessment framed by the Assessing Officer dated 25.08.2016 in compliance to the PCIT (Central)’s Section 263 revision directions dated 30th March, 2016; wherein, he had held the former
2 ITA.No.102/Nag./2018 (DCIT vs. Shri Kirtikumar Bhangadiya) assessment framed u/s. 153A r.w.s. 143(3) dated 31st March, 2014 as an erroneous one causing prejudice to interest of the Revenue. And that this tribunal’s learned co-ordinate bench’s order in assessee’s appeal ITA No. 255/Nag./2016 dated 27.06.2017 has already reversed the PCIT’s above stated revision directions.
That being the case, we are of the considered opinion that the Revenue’s instant appeal in consequential assessment proceedings has no legs to stand. Learned DR vehemently argued that the Revenue’s appeal against the tribunal’s foregoing order is pending before the hon’ble jurisdictional high court. We find no merit in Revenue’s arguments merely because its former round’s appeal is pending in hon’ble high court. The CIT(A)’s lower appellate findings to this effect stand affirmed therefore in very terms. Ordered accordingly.
This Revenue’s appeal is dismissed in above terms.
Order pronounced in the open court on 22.09.2023