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Income Tax Appellate Tribunal - Ahmedabad

Dcit,, Cir-3(1)(2),, Ahmedabad vs M/S. Radhe Developers (India) Ltd.,, ... on 24 March, 2021

आयकर अपील य अ धकरण, अहमदाबाद यायपीठ 'A' अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH, AHMEDABAD (Conducted through Virtual Court) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI AMARJIT SINH, ACCOUNTANT MEMBER ITA No.2071/Ahd/2018 With Cross Objection No.97/Ahd/2019 नधा रण वष / Asstt.Year : 2010-11 DCIT, Cir.3(1)(2) M/s.Radhe Developers (India) Ltd.

st Ahmedabad. Vs. 1 Floor, Chunibhia Chambers B/h. City Godl Cinema Off Ashram Road Ahmedabad.

                                                 PAN : AAACR 9177 L

                 (Applicant)                                 (Responent)

     Revenue by           :                 Shri Virendra Ojha, CIT-DR
     Assessee by          :                 Shri Biren Shah, AR

         सन
          ु वाई क  तार ख/ Dateof Hearing      :           24/03/2021
         घोषणा क  तार ख / Date of Pronouncement:           24 /03/2021
                                 आदे श/O R D E R

PER RAJPAL YADAV, VICE-PRESIDENT:

Present appeal is directed at the instance of the Revenue against order of the ld.CIT(A)-11, Ahmedabad dated 2.7.2018 passed for the Asstt.Year 2010-11. On receipt of notice in the appeal of the Revenue, the assessee has filed cross objection bearing no.97/Ahd/2019.

2. The ld.counsel for the assessee at the very outset submitted that the assessee does not press cross- objection, hence CO is dismissed as not pressed.

3. As far appeal of the Revenue is concerned, it emerges out from the record that the original assessment order was passed under section 143(3) of the Act on 30.3.2013. The ld.CIT took cognizance under section 263 of the Income Tax Act, 1961 and set aside the original assessment order dated 30.3.2013. In pursuance of the ld.CIT's order passed under section 263 of the Act, the ld.AO has framed a fresh assessment order on 4.3.2016 under section 143(3) r.w.s. 263 of the Act. It also challenged order of the ld.CIT dated 30.3.2015 passed under section 263 of the Act before the Tribunal, and the Tribunal in ITA no.1360/Ahd/2015, the appeal of the assessee was allowed by the Tribunal vide order dated 13.4.2018, and the order of the ld.Commissioner passed under section 263 of the Act was quashed. This fact was brought to the notice of the ld.CIT(A), who has allowed the appeal of the assessee by holding that since the very jurisdiction infused in the AO by virtue of order passed under section 263 has been extinguished, therefore, there could not be any assessment order under section 143(3) r.w.s. 263 of the Act.

4. When this fact was brought to the notice of the ld.CIT-DR, he was unable to assail the impugned order.

5. On due consideration of the above facts, we do not find any merit in this appeal of the Revenue. It is pertinent to observe that the jurisdiction to pass a fresh assessment order was infused in the AO by the ld.Commissioner vide order dated 30.3.2015 under section 263 of the Act. This order has been quashed, therefore, jurisdiction in the AO to pass fresh assessment order has also been extinguished. The ld.CIT(A) has rightly appreciated this fact and rightly allowed the 2 ITA No.2071/Ahd/2018 with CO appeal of the assessee, which we uphold, and the appeal of the Revenue is dismissed.

6. In the result, both appeal of the Revenue and cross objection of the assessee are dismissed.

Order pronounced in the Court on 24th March, 2021 at Ahmedabad.

          Sd/-                                              Sd/-
(AMARJIT SINGH)                                  (RAJPAL YADAV)
ACCOUNTANT MEMBER                                VICE-PRESIDENT

Ahmedabad;         Dated      24/03/2021




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