Honda Siel Power Products Ltd., Greater Noida V. DCIT, New Delhi

ITA 1149/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3973 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 02-05-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 03-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHYAMA S BANSIA
• Assessee Lawyers: NEERAJ KR JAIN
• Section: 143(3); 263; 28

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH C DELHI ] BEFORE SHRI I. P. BANSAL, JM AND SHRI K. D. RA NJAN, AM I. T. A. NO. 1149 (DEL) OF 2011 ASSESSMENT YEAR : 2004-05. M/S. HONDA SIEL POWER PRODUCTS LTD., DY. COMMISSIONER OF INCOME-TAX, PLOT NO. 5, SECTOR : 41 [KASNA] VS. C I R C L E : 12 (1), GREATER NOIDA INDUSTRIAL DEV. AREA, N E W D E L H I. DISTT. GAUTAM BUDH NAGAR [U.P.] 201 306. P A N / G I R NO. AAA CH 8464 L. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI NEERAJ KR. JAIN, ADV.; DEPARTMENT BY : MS. SHYAMA S. BANSIA [CIT] D. R . O R D E R. PER K. D. RANJAN, AM : THIS APPEAL BY THE ASSESSEE FOR ASSESSMENT YEAR 20 04-05 ARISES OUT OF ORDER OF THE LD. CIT (APPEALS)-XXVIII, NEW DELHI. 2. AT THE OUTSET THE LD. AR OF THE ASSESSEE, SHRI N EERAJ KUMAR JAIN, ADV., SUBMITTED THAT THE ORIGINAL ASSESSMENT MADE UNDER SECTION 143(3) OF TH E I. T. ACT DATED 26/12/2006, WAS SET ASIDE BY THE LD. CIT UNDER SECTION 263 VIDE ORDER DATED 2 4 TH MARCH, 2009. THE ASSESSING OFFICER COMPLETED ASSESSMENT UNDER SECTION 143(3) READ WITH SECTION 263 ON 28 TH AUGUST, 2009. THE LD. CIT(A) CONFIRMED THE DISALLOWANCE VIDE HIS ORDER DA TED 1/11/2010. THE LD. AR OF THE ASSESSEE FURTHER SUBMITTED THAT THE ASSESSEE PREFERRED APPEA L AGAINST ORDER UNDER SECTION 263 BEFORE ITAT, DELHI BENCHES, NEW DELHI. ITAT, DELHI BENCH C NE W DELHI IN ITA. NO. 1712 (DEL) OF 2009 FOR AY 2004-05 DATED 23 RD OCTOBER, 2010 SET ASIDE THE ORDER OF THE LD. CIT P ASSED UNDER SECTION 263 AND ALLOWED THE ASSESSEES APPEAL. IN VIEW OF THESE FACTS IT HAS BEEN SUBMITTED BY THE LD. AR 2 I. T. A. NO. 1149 (DEL) OF 2011 OF THE ASSESSEE THAT SINCE ORDER UNDER SECTION 263 HAS BEEN CANCELLED BY THE ITAT, THE ASSESSMENT ORDER PASSED CONSEQUENT TO THE DIRECTION S CONTAINED UNDER SECTION 263 BECOMES INFRUCTUOUS AND DESERVES TO BE DISMISSED, AS SUCH. 3. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. IT IS AN UNDISPUTED FACT THAT ORDER PASSED U/S 263 ON 24 TH MARCH, 2009 BY THE LD. CIT, IV, NEW DELHI, HAS BEEN CANCELLED BY THE ITAT VIDE ORDE R DATED 22 ND OCTOBER, 2010 IN ITA. NO. 1712 (DEL) OF 2009. THEREFORE, THE ORDER PASS ED BY THE ASSESSING OFFICER PURSUANT TO THE DIRECTIONS CONTAINED IN SECTION 263 BECOMES INFRUCT UOUS AND ANY APPEAL FILED AGAINST THE SAME ALSO BECOMES INFRUCTUOUS. THEREFORE, THE APPE AL FILED BY THE ASSESSEE HAS TO BE ALLOWED. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON : 13 TH MAY, 2011. SD/- SD/- [ I. P. BANSAL ] [ K. D. RANJAN ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 13 TH MAY, 2011. * MEHTA * COPY OF THE ORDER FORWARDED TO : - 1. APPELLANT. 2. RESPONDENT. 3. CIT, 4. CIT (APPEALS), 5. DR, ITAT, NEW DELHI. TRUE COPY. BY ORDER. ASSISTANT REGISTRAR, ITAT. 3 I. T. A. NO. 1149 (DEL) OF 2011