Case Number: ITA 1562/DEL/2020
Appellant: DCIT Circle-1, Noida
Respondent: JE Energy Venture Pvt Ltd, Noida
Assessment Year: 2012-13
Result: 2012-13
Case Filed On: 2020-09-08
Order Type: Final Tribunal Order
Date of Order: 2022-07-29
Pronounced On: 2022-07-29
The case of DCIT vs JE Energy Venture Pvt. Ltd. pertains to the assessment year (AY) 2012-13. The appeal was filed by the DCIT Circle-1, Noida, against JE Energy Venture Pvt. Ltd. The Income Tax Appellate Tribunal (ITAT), Delhi ‘C’ bench, adjudicated the appeal.
JE Energy Venture Pvt. Ltd., the respondent, was involved in a legal dispute with the DCIT Circle-1, Noida. The case revolved around the assessment orders passed by the Assessing Officer (AO) under Section 143(3) read with Section 263 of the Income Tax Act, 1961, for the assessment year 2012-13. The dispute arose when the AO made certain additions or disallowances that were reversed by the Commissioner of Income Tax (Appeals) [CIT(A)].
The ITAT Delhi ‘C’ bench, consisting of Shri Kul Bharat, Judicial Member, and Shri Pradip Kumar Kedia, Accountant Member, heard the case on 27th July 2022. The Tribunal noted that the Co-ordinate Bench of the Tribunal in ITA No. 3927/Del/2016 had quashed the revisional order passed under Section 263 of the Act.
The Ld. Counsel for the respondent, JE Energy Venture Pvt. Ltd., submitted that the Co-ordinate Bench had quashed the revisional order under Section 263, making the consequential assessment order under Section 143(3) invalid. Therefore, the present appeal by the Revenue had no standing.
The Ld. Departmental Representative (DR) for the Revenue admitted the factual position and did not contest the submissions made by the respondent’s counsel.
The Tribunal reviewed the submissions and the appellate order of the Co-ordinate Bench in the revisional proceedings. It found that in the absence of valid jurisdiction exercised by the revisional commissioner, the assessment order under Section 143(3) read with Section 263 lacked a foundation. Consequently, the litigation arising from such an order lost its substratum.
The Tribunal concluded that the appeal filed by the Revenue could not be entertained due to the lack of valid jurisdiction under Section 263. As a result, the appeal was dismissed.
Order Pronounced in the Open Court on 29/07/2022:
In the result, the appeal of the Revenue is dismissed.
Signatures:
(Kul Bharat) – Judicial Member
(Pradip Kumar Kedia) – Accountant Member
Dated: 29th July 2022
Copy forwarded to:
Assistant Registrar
ITAT, New Delhi
DCIT vs JE Energy Venture Pvt. Ltd. for AY 2012-13: Tribunal Order Dismissed
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