DCIT, CIRCLE HISAR, HISAR V. SYNERGY WASTE MANAGEMENT PVT. LTD., HISAR

ITA 1191/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7103 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 13-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’: NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER I.T.A No. 1191/Del/2019 (ASSESSMENT YEAR: 2010-11) DCIT Circle Hisar Aayakar Bhawan, Sector-14, Hisar, Haryana. Vs. Synergy Waste Management Pvt. Ltd., 168, Sector-27, 28, Hisar, Haryana. PAN No. AAICS9088H (Appellant) (Respondent) Appellant By Shri Ramesh Goyal, CA Respondent by Shri Umesh Takyar, Sr. DR Date of Hearing 29.11.2021 Date of Pronouncement 02.12.2021 Hearing conducted via Webex ORDER PER DIVA SINGH, J.M. The present appeal has been filed by the Revenue, wherein the correctness of the order dated 14.11.2018 of CIT(A), Hisar pertaining to 2010-11 assessment year is assailed on various grounds. We refrain from referring to the grounds raised as it was a common stand of the parties that the said appeal was infructuous. The reasons for the said submissions we propose to address subsequently in this order. 2. It first needs to be mentioned that along with the present appeal five other appeals of the Revenue for different assessment years had also been fixed for hearing today. In all these six appeals adjournment application has been moved on behalf of the assessee. The Ld. Sr. DR did not oppose ITA No.1191/Del/2019 Page 2 of 3 the request for adjournment in any of the other cases except in the present case. It was his submission that adjudication on the relief which the Revenue seeks to challenge in the present proceedings may not be required as the present proceedings are consequential to the 263 order passed by the CIT, Hisar dated 13.01.2015. This order it was submitted had been quashed by the ITAT. Accordingly, it was his submission that the consequential proceeding do not thus survive and the issues become academic. 3. Shri Ramesh Goyal, CA appearing for the assessee in the face of these submissions had no objection. 4. We have heard the submissions and perused the material available on record. It is seen that the present round of proceedings before the Assessing Officer are the result of the order dated 31.10.2015 of the CIT, Hisar passed u/s 263. We have seen from the record that this Order was challenged by the assessee before the ITAT. Considering the submissions and the record it is seen that the ITAT vide its order dated 24.04.2018 in ITA No. 1116/Del/2018 quashed this order. Copy of this order we have seen is placed at pages 11 to 17 in the Paper Book. In view of this factual position, we find that the proceedings became infructuous hence there is no merit in the present appeal filed by the Revenue. ITA No.1191/Del/2019 Page 3 of 3 5. In the result, the appeal by Revenue is dismissed as infructuous. Order pronounced in the open court on 2 nd December, 2021 Sd/- Sd/- (N.K. BILLAIYA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER *Kavita Arora, SPS /R.N Sr.PS