DCIT, Circle-16(1), Hyd, Hyderabad V. Lanco KOndapalli Power Ltd., Hyd, Hyderabad

ITA 1342/HYD/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3058 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 04-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K MYTHLI RANI
• Assessee Lawyers: P RAVI SESHAGIRI RAO
• Section: 260A; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P.MADHAVI DEVI, JUDICIAL ME MBER AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.1342/HYD/2015 : ASSESSMENT YEARS 2008- 09 DY. COMMISSIONER OF INCOME - TAX CIRCLE 16(1), HYDERABAD V/S M/S. LANCO KONDAPALLI POWER LTD., HYDERABAD (PAN AAACK 5423 A ) (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. K.MYTHLI RANI DR RESPONDENT BY : SHRI P.RAVISESHAGIRI RAO DATE OF HEARING 10 . 2 .201 6 DATE OF PRONOUNCEMENT 10.2.2016 O R D E R PER SMT. P.MADHAVI DEVI, JUDICIAL MEMBER : THIS APPEAL IS FILED BY THE REVENUE AND IT IS DIR ECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) 4, HYDERABAD DATED 30.9.2015 FOR THE ASSESSMENT YEAR 2 008-09. 2. THE ONLY GROUND URGED BY THE REVENUE IN THIS A PPEAL READS AS FOLLOWS- THAT THE LD. CIT(A) ERRED IN CANCELLING THE ASSESS MENT ORDER PASSED IN CONSEQUENCE TO ORDER U/S. 263 ON THE GROU ND THAT THE ORDER U/S. 263 IN QUESTION STOOD SET ASIDE BY THE H ON'BLE TRIBUNAL WITHOUT APPRECIATING THAT THE DEPARTMENT A PPEAL U/S. 260A BEFORE THE HON'BLE HIGH COURT AGAINST THE ORDE R OF THE HON'BLE TRIBUNAL HAD NOT BEEN DISPOSED OF AND WAS P ENDING. 3. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL ON RECORD, WE FIND THAT THE PRESENT APPEAL OF THE REVENUE IS DEVOID OF MERIT. WE FIND THAT THE PRESENT PROCEEDI NGS EMANATE FROM THE ORDER OF ASSESSMENT DATED 27.2.2014 PASSED UNDE R S.143(3) READ WITH S.263 OF THE ACT, TO GIVE EFFECT TO THE DIRECT IONS OF THE COMMISSIONER IN HIS ORDER UNDER S.263 DATED 27.3.20 13. ADMITTEDLY, ITA NO.1342/HYD/2015 M/S. LANCO KONDAPALLY POWER LTD., HYDERABAD 2 THE SAID ORDER OF THE COMMISSIONER DATED 27.3.2013 WAS SUBJECT MATTER OF APPEAL BEFORE THE TRIBUNAL, AND THE SAME HAS BEEN SET ASIDE BY THE TRIBUNAL VIDE ITS ORDER DATE 20.6.2014 IN IT A NO.897/HYD/2013. A COPY OF THE SAID ORDER HAS ALSO BEEN FILED BEFORE US. CONSEQUENTLY, THE PROCEEDINGS INITIATED IN PURSUANCE OF THE ORDER OF THE COMMISSIONER DATED 27.3.2013 HAVE NO LEGS AND BECOM E INFRUCTUOUS, AS RIGHTLY HELD SO BY THE LEARNED CIT(A) IN THE IMP UGNED ORDER. THE CONTENTION OF THE REVENUE, BASED ON THE PENDENCY OF ITS APPEAL BEFORE THE HON'BLE HIGH COURT UNDER S.260A OF THE ACT AGAI NST THE ORDER OF THE TRIBUNAL DATED 27.3.2013, IS ALSO NOT TENABLE B ECAUSE OF THE FACT THAT AS ON DATE THE ORDER OF THE COMMISSIONER UNDER S.263, HAVING BEEN SET ASIDE BY THE TRIBUNAL, NO LONGER SURVIVES, AND THE VERY ASSESSMENT GIVING RISE TO THE PRESENT APPELLATE PRO CEEDINGS HAS NO LEGS TO STAND. IN THIS VIEW OF THE MATTER, THE PRE SENT APPEAL OF THE REVENUE, BEING INFRUCTUOUS, IS LIABLE TO BE DISMISS ED. WE DO SO ACCORDINGLY. 4. IN THE RESULT, APPEAL OF THE REVENUE, BEING INF RUCTUOUS, IS DISMISSED. PRONOUNCED ACCORDINGLY AT THE CONCL USION OF HEARING ON 10.2.2016 (B.RAMAKOTAIAH) (P.MADHAVI DEVI) ACCOUNTANT MEMBER. JUDICIAL MEMBER DT/- 10 TH FEBRUARY, 2016 COPY FORWARDED TO: 1 . M/S. LANCO KONDAPALLI POWER LTD., PLOT NO.4, SOFTWARE UNITS LAYOUT, HITEC CITY, MADHAPUR, HYDERABAD ITA NO.1342/HYD/2015 M/S. LANCO KONDAPALLY POWER LTD., HYDERABAD 3 2. DY. COMMISSIONER OF INCOME - TAX CIRCLE 16(1), HYDERABAD 3. 4. COMMISSIONER OF INCOME-TAX(APPEALS) 4, HYDERABAD PR. COMMISSIONER OF INCOME-TAX-4, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S. 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH PLACED BEFORE THE OTHER MEMBER 3. !' #$ & ( / & ( DATE ON WHICH THE APPROVED DRAFT COMES TO THE SENIO R P.S. 4. ( . DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER 12.2.2016 5. ( #$ & ( / & ( DATE ON WHICH THE FAIR ORDER GOES TO THE SR. P.S. 6. .4 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. 7. 7 .4 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 8. . 8 DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGIST RAR 9. DATE OF THE DESPATCH OF THE TRIBUNAL ORDER