WITZENMANN INDIA PRIVATE LIMITED,KOLKATA vs. D.C.I.T.,CIRCLE-2(2), KOLKATA
In the result, the appeal of the assessee stands allowed
ITA 1423/KOL/2019[2014-15]Status: DisposedITAT Kolkata10 Jan 2023AY 2014-15
Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1423/Kol/2019 Assessment Year: 2014-15 Witzenmann India Private Limited....……….........…..........….…… Appellant Nsc Building, Plot No.12, Block – Aq, Sector-V, Salt Lake City, Kolkata-91. [Pan: Aaach7739L] Vs. Dcit, Circle-2(2), Kolkata.......….....…….............…...…...…..…..... Respondent Appearances By: Shri Arun Chhabra, Ca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 16, 2022 Date Of Pronouncing The Order : January 10, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of Assessment Dated Passed By The Assessing Officer U/S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Pursuant To The Transfer Pricing Adjustment. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Order Passed By The Assessing Officer Dated 12.04.2019 U/S 143(3)/147 Read With Section 144C & 144C(5) Of The Act Was Wrong & Illegal & Void Ab Initio. The Ld. Counsel Has Invited Our Attention To The Following Sequence Of Events: Particulars In Case Of The Appellant
Section 139(1)Section 143(2)Section 143(3)Section 144CSection 144C(15)Section 144C(5)Section 147Section 148Section 92C
92C(3) of the Act during the re-assessment proceedings, and therefore, in effect, no order u/s 92CA(3) of the Act existed which could be incorporated in the draft re-assessment order passed in terms of s.92CA(4) of the Act. Thus, in effect, there was no transfer pricing adjustment order available for incorporation in the final assessment order
