TMI Blog2021 (12) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... the foregoing name to be only clerical and rectifiable in nature we fail to understand in this clinching factual backdrop as to how the impugned assessment/order(s) passed by the Assessing Officer could be erroneous ones, causing prejudice to the interest of Revenue; simultaneously as held in Malabar Industrial Co. Vs. CIT[ 2000 (2) TMI 10 - SUPREME COURT] - PCIT has nowhere concluded that the Assessing Officer s orders in issue attract assumption of Section 263 revision jurisdiction in the given facts after the assessing authority had issued corrigendum and the same involved only a clerical mistake; as the case may be (supra). We thus conclude that the PCIT herein has erred in law and facts in invoking his Section 263 revision jurisdiction - Decided in favour of assessee. - ITA No. 180 to 181/Hyd/21 - - - Dated:- 26-11-2021 - Shri S.S.Godara, Judicial Member And Shri Laxmi Prasad Sahu, Accountant Member For the Assessee : Shri Ronak G.Doshi, AR For the Revenue : Shri Ravi Kiran, DR ORDER PER S.S.GODARA, J.M. : These two assessee s appeals for AYs.2015-16 2016-17 arise from the PCIT(TDS)-Hyderabad s order(s) dated 27-02- 2020 passed in DIN Lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring on 13-06-2018. On 13-06-2018 the assessee's Authorised Representatives - Sri Ravi Bharadwaj Ms. Shruthi Upadhyay, Chartered Accountants appeared and filed Power of Attorney and also filed written submissions. The written submissions furnished by the assessee have been perused and placed on record. 4. I have also gone through the proposal of the Assessing Officer i.e. DCIT, TDS Circle - 2(1), Hyderabad and the forwarding note of the JCIT, Range - 2, Hyderabad and there is no doubt that a huge demand is involved for both these Assessment Years. Further, it is also a fact that the Assessing Officer has wrongly quoted the name of the assessee while passing the orders under sec.201 (1) 201 (1A) of the I T Act, 1961 and therefore, the passing of an order with a wrong name is prejudicial to the interest of revenue and therefore, the interest of the revenue needs to be protected. In view of these observations, I am of the view that this is a fit case for Revision of the assessment. 5.1 Further, the provisions of section 263 is reproduced in this regard as under The Commissioner may call for an examine the record of any proceeding under this Act, and if he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der itself may not survive depending upon the facts on record. We cannot pass on any order without hearing the main appeal. Therefore, we are inclined to grant temporary stay of the outstanding demands for both the years under consideration for a period of month from the date of this order. It can be seen from the above, that the Hon'ble Tribunal has expressed that considering the fact that the assessment order passed in the name of non-existing company may not survive depending upon the facts on record, clearly spells out that the order passed by the Assessing Officer quoting the name of a non-existent company is erroneous. 6.1 Thus, there is no doubt to state that the order is erroneous and is subject to Revision. Now keeping this aspect aside, the assessee during the course of hearing in its written submissions has expressed objections for Revision of the assessment under Sec.263 of the IT Act, 1961. The assessee submitted that when the issue involved is a subject matter of appeal before a higher authority, the Commissioner of Income-tax has no jurisdiction under Sec.263 as the order passed by the lower authorities on such issue merges with the appellate order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the assessment proceedings; 3. Even in its appeal before the CIT (A) also, the assessee has not raised any ground regarding the wrong' mention of the name in the orders passed under Sec.201 (1) 201 (1A) of the I T Act, 1961 ; 4. The Assessing Officer having noticed that the name has been wrongly mentioned in the said orders, has passed a Corrigendum on 22-01-2018 and corrected the name and the same has been communicated to the assessee company; 5. For the first time, the assessee raised a ground before the Hon'ble ITAT that the order passed by the AO is null and void as the said order has been passed in the name of a non-existent company; 6. The Hon'ble ITAT has in its order in ITA Nos.40 41/Hyd/2018 dated 30-052018 disposed off the quantum appeals and at para - 6 of the order has held as under- 6. Having regard to the rival contentions and material on record, we find that the assessee Vodafone South Limited' had merged with Vodafone Mobile Service Ltd., and had intimated to the relevant AO and CIT (A) about the said merger. We find that the AO had issued the notice in the correct name, but while passing the assessment order, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the I T Act, 1961 quoting the name of the assessee as M/s Vodafone Mobile Services Limited (Formerly known as Vodafone South Limited) . 3. We have given our thoughtful consideration to rival pleadings against and in support of the correctness of the PCIT s foregoing directions and find no reason to uphold the same. It is made clear that the learned PCIT s detailed discussion in issue before us has itself acknowledged that the Assessing Officer had passed the necessary corrigendum dt.22-01-2018 rectifying the name of the assessee-company from M/s.Vodafone South Ltd., (VSL-Hyd) to M/s.Vodafone Mobile Services Limited. There could hardly be any dispute that such corrigendum forming part of the PCIT s discussion in para 2.2 dates back to the main orders as on 27-02-2017 only. 4. We next note that this tribunal s common order in assessee s corresponding quantum appeals ITA Nos.40 and 41/Hyd/2018 decided on 30-05-2018 (supra) has rejected the assessee s corresponding pleas as well. It is abundantly clear therefore that once learned PCIT s revision directions in view of the issue, treat the alleged error committed by the Assessing Officer in incorporating the foregoing name ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
