Income Tax Appellate Tribunal - Mumbai
Deputy Commissioner Of Income Tax, ... vs Saroj Sudhir Kothari, Mumbai on 21 June, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCHES "J", MUMBAI
Before Shri G S Pannu, Accountant Member
& Shri Pawan Singh, Judicial Member
ITA No.4386/Mum/2017
Assessment Year : 2006-07
Dy CIT Central Circle 1(1), Saroj Sudhir Kothari,
Mumbai 21, Springfield,
Vs. 19 Vachha Gandhi Road,
Gamdevi, Mumbai 400 007
PAN AACPK5534H
(Appellant) (Respondent)
Appellant By : Shri Narender Kumar CIT-DR
Respondent By : Shri Anant N Pai (AR)
Date of Hearing : 21.06.2018 Date of Pronouncement : 21.06.2018
ORDER
Per G S Pannu, Accountant Member
This appeal by the Revenue is directed against the order of the CIT(A)-47, Mumbai, dated 28.02.2017, which in turn has arisen out of the order passed by the AO u/s. 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") relating to A.Y. 2006-07.
2. Notably, the impugned assessment was made by the Assessing Officer as a consequence of an order passed by the Commissioner u/s. 263 of the Act, dated 31.03.2014. The CIT(A) noted that the Tribunal vide its order dated 04.11.2016 in ITA No.2807/Mum/2014, had quashed the revisionary order passed by Commissioner u/s. 263 and, therefore, the Assessment made by the Assessing Officer would not survive. Against such decision of the CIT(A) the Revenue is in appeal before us.
3. Before us, the learned CIT-DR has not contested the factual matrix noted by the CIT(A) but pointed out that the appeal has been preferred by the Revenue to 2 ITA No.4386/Mum/2017 Saroj Sudhir Kothari keep the matter alive because the order of the Tribunal dated 04.11.2016, quashing the order u/s. 263, has been contested in appeal before the Hon'ble Bombay High Court.
4. Considering the submissions put forth by the leaned CIT-DR and noting that the order of the Tribunal, dated 04.11.2016 (supra), continues to hold as it has not been altered by the higher authorities, we find no reason to interfere with the decision of the CIT(A) in quashing the impugned assessment.
5. Accordingly, the Revenue's appeal is dismissed.
The above decision was pronounced in the open court at the conclusion of hearing in the presence of both the parties today i.e. 21st June, 2018.
Sd/- Sd/-
(Pawan Singh) (G S Pannu)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated :21st June, 2018.
SA
Copy of the Order forwarded to :
1. The Appellant.
2. The Respondent.
3. The CIT(A), Mumbai.
4. The CIT , Mumbai.
5. The DR, 'J' Bench, ITAT, Mumbai BY ORDER
//True Copy// (Assistant Registrar)
Income Tax Appellate Tribunal, Mumbai