M/s. Sunny & Sunny Business Ventures P. Ltd, Aluva V. The JCIT, Cochin

ITA 122/COCH/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96771 (ITAT-COCHIN)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-11-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 18-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 154

Judgement Text

ITA NO . 122/COCH/2015 1 IN THE INCOME TAX APPEL L A TE T R IBUNAL COCHIN BENCH , COCHIN BEFORE S/SH RI B P JAIN , A M & G EORGE GEORGE.K , J M ITA NO . 122/COCH/2015 (ASST YEAR 2009 - 10 ) SUNNY & SUNNYS BUSINESS VENTURES (P) LTD HOTEL SUNNY BLDG BYEPASS JN ALWAYE VS THE JT COMMR OF INCOM E TAX R4 KOCHI ( APPELLANT) (RESPONDENT) PAN NO. AAJCS8433K ASSESSEE BY SHRI THOMAS KURUVILLA REVENUE BY SH K P GOPAKUMAR, SR DR DATE OF HEARING 2 ND NOV 2015 DATE OF PRONOUNCEMENT 2 ND NOV 2015 OR D ER PER GEORGE GEORGE. K. J M: THIS APP EAL, AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE CIT(A)S ORDER DATED 25.10.2014. THE RELEVANT ASSESSMENT YEAR IS 2010 - 11. 2 THE SOLITARY ISSUE THAT IS RAISED IN THIS APPEAL IS WHETHER THE CIT(A) IS JUSTIFIED IN CONFIRMING THE ADDITION MADE ON ACCOUNT OF DEVELOPMENT EXPENDITURE TO THE EXTENT OF RS. 71,97, 394/ - . 3 AT THE TIME OF HEARING OF THIS APPEAL, THE LD COUNSEL FOR THE ASSESSEE SHRI THOM A S KURUVILLA SUBMITTED THAT THE RELIEF SOUGHT IN THIS APPEAL HAS BECOME ITA NO . 122/COCH/2015 2 INFRUCTUOUS IN VIEW OF TH E RECTIFICATION OF THE ORDER PASSED BY THE CIT(A) VIDE ORDER DATED 8.6.2015 (ITA NO.70/R - 4/E/CIT(A) - II/2011 - 12). THE LD DR PRESENT WAS DULY HEARD. 4 WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. THE RELIEF SOUGHT IN THIS APPEAL HAS BEEN GRANTED BY THE CIT(A) IN HIS RECTIFICATION ORDER U/S 154 (ORDER DATED 8.6.2015). THEREFORE, THIS APPEAL HAS BECOME INFRUCTUOUS AND THE SAME IS DISMISSED. IT IS ORDERED ACCORDINGLY. 5 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORD ER PRONOUNCED IN THE OPEN COURT ON THIS 2 ND DAY OF NOV 2015 . SD/ - SD/ - ( B P JAIN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED 2 ND NOV 2015 RAJ* ITA NO . 122/COCH/2015 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT , 5 . DR 6 . GUARD FILE BY ORDER ASSIST ANT REGISTRAR ITAT, COCHIN