India Finance Limited, Kolkata vs Assessee
- CitationI.T.A No. 48/Kol/2014
Ratio decidendi
The rule this decision rests on
The consequential assessment order and the appellate order that follow a revision order under section 263 cannot survive once that revision order has been quashed, so an appeal against such consequential orders is to be treated as infructuous and dismissed on that account.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH: KOLKATA [Before Shri Mahavir Singh, JM & Shri B. P. Jain, AM] I.T.A No. 48/Kol/2014 Assessment Year: 2007-08 M/s. India Finance Ltd. Vs. Deputy Commissioner of Income-tax- (PAN: AAACI5527M) Central Circle-VIII, Kolkata. (Appellant) (Respondent) Date of hearing: 16.06.2015 Date of pronouncement: 16.06.2015
For the Appellant: Shri Manoj Kataruka, Advocate For the Respondent: Shri Amitabh Roy, Addl. CIT ORDER Per Shri Mahavir Singh, JM:
This appeal by assessee is arising out of order of CIT(A), Central-1, Kolkata, in Appeal No. 44/CC-VIII/CIT(A)C-1/13-14 dated 02.09.2013. Assessment was framed by DCIT, CC-VIII, Kolkata u/s. 143(3)/263 of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for Assessment Year 2007-08 vide his order dated 19.03.2013.
2. At the outset, Ld. Counsel for the assessee stated that the Tribunal has quashed the revision proceeding initiated by CIT u/s. 263 of the Act vide ITA No.252/Kol/2012 order dated 11.12.2014. Ld. Counsel for the assessee stated that this appeal is against the consequential order passed by AO and the appellate order of CIT(A). Once the revision order u/s. 263 of the Act of the CIT is quashed the consequential order cannot be survived. Hence, Ld. Counsel for the assessee requested that this appeal be treated as infructuous. Ld. DR has not objected to the same and he stated that yes Tribunal has quashed the revision order of CIT passed u/s. 263 of the Act. In view of the above facts and circumstances of the case, we dismiss the appeal of assessee being infructuous.
3. In the result, appeal of assessee is dismissed being infructuous.
4. Order is pronounced in the open court.
Sd/- Sd/- (B. P. Jain) (Mahavir Singh) Accountant Member Judicial Member Dated :17th June, 2015 Jd.(Sr.P.S.) Copy of the order forwarded to:
1. M/s. India finance Ltd., 5, Russel Street (1st floor), Kolkata-700 071.
2. DCIT, C.C-VIII, Kolkata.
3. CIT(A) , Kolkata.
4. CIT, Kolkata
5. DR, ITAT, Kolkata.
True copy By Order
Assistant Registrar,
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