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Income Tax Appellate Tribunal - Mumbai

Amitabh Bachan, Mumbai vs Department Of Income Tax on 28 August, 2007

          IN THE INCOME TAX APPELLATE TRIBUNAL
               MUMBAI BENCHES "H", MUMBAI

     Before Shri R.S.Syal, AM and Smt.Asha Vijayaraghavan, JM

                  ITA No.2712/Mum/2008 : Asst.Year 2001-2002

The Asstt.Commissioner of Income-tax          Shri Amitabh Bachchan
Circle 13                                     "Pratiksha", N.S.Road No.10
Mumbai.                                 Vs.   Juhu JVPD Scheme
                                              Mumbai - 400 049.
                                              PA No.AACPB9226B.
              (Appellant)                                    (Respondent)

                          Appellant by : Shri S.K.Pahwa
                        Respondent by : Shri Rajesh P.Shah

                                       ORDER

Per R.S.Syal, AM :

This appeal by the Revenue arises out of the order passed by the Commissioner of Income-tax (Appeals) on 18.10.2007 in relation to the assessment year 2001-2002.

2. Shorn of unnecessary details, it is noted that the original assessment was made in this case u/s.143(3). Thereafter the learned Commissioner of Income Tax, invoking his jurisdiction u/s.263, directed the Assessing Officer to carry out further investigations. Pursuant to that the Assessing Officer framed the present assessment order u/s.143(3) r.w.s. 263 of the Act, determining the total income at Rs.13.47 crores as against the original income computed as per assessment order u/s.143(3) at Rs.26.37 crores. During the pendency of appeal before the learned CIT(A) against the present assessment order, the assessee challenged 263 order before the Tribunal. Vide order dated 28.8.2007, the Tribunal in ITA No.2877/Mum/2006 quashed the order passed by the learned CIT. The learned CIT(A), through the impugned order, took into consideration all these facts and set aside the assessment thereby allowing the assessee's appeal.

Shri Amitabh Bachchan.

3. After considering the rival submissions and perusing the relevant material on record it is found as an undisputed position that the instant assessment order was passed pursuant to the direction given by the learned CIT vide his order u/s.263. Since the very foundation of the present assessment proceedings, being the passing of revisional order u/s.263, does not survive, there is no question of continuing with the resultant proceedings. We, therefore, uphold the impugned order quashing the present assessment order.

4. In the result, the appeal is dismissed.

Order pronounced on this 11th day of January, 2010.

                 Sd/-                                   Sd/-
          (Asha Vijayaraghavan)                      (R.S.Syal)
           JUDICIAL MEMBER                       ACCOUNTANT MEMBER

Mumbai : 11th January, 2010.
Devdas*

Copy to :
1.    The Appellant.
2.    The Respondent.
3.    The CIT concerned
4.    The CIT(A)-VII, Mumbai.
5.    The DR/ITAT, Mumbai.
6.    Guard File.


                          TRUE COPY.
                                                By Order

Assistant Registrar, ITAT, Mumbai.

Shri Amitabh Bachchan.

                                                     Date    Initial
1.   Draft dictated on                          06.01.2010              Sr.PS
2.   Draft placed before author                 07.01.2010              Sr.PS
3.   Draft proposed & placed before the                                 JM/AM
     second member
4.   Draft discussed/approved by Second                                 JM/AM
     Member.
5.   Approved Draft comes to the Sr.PS/PS                               Sr.PS/PS
6.   Kept for pronouncement on                                          Sr.PS
7.   File sent to the Bench Clerk                                       Sr.PS

8. Date on which file goes to the Head Clerk.

9. Date of dispatch of Order.

*