ITO, Wd 5(3), Pune, Pune V. M/s. National Timbers, Pune

ITA 1419/PUN/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7460 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-03-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 08-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY DAMLE
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO 1419/PN/09 (ASSTT. YEAR 2003-04) INCOME-TAX OFFICER, WARD-5(3), PUNE .. APPELLANT VS. NATIONAL TIMBERS, .. RESPONDENT 257/A BHAWANI PETH, PUNE PAN AABFN 0650N APPELLANT BY : SHRI ABHAY DAMLE RESPONDENT BY : SHRI KISHOR PHADKE ORDER PER G. S. PANNU, AM: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)III, PUNE DATED 10.9.2009 WHIC H, IN TURN, HAS ARISEN FROM AN ORDER OF THE ASSESSING OFFICER DATED 23.12.2008 PASSED UNDER SEC TION 143(3) READ WITH SECTION 263 OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT), PERTAINI NG TO THE ASSESSMENT YEAR 2003-04. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR NO TICE THAT THE PRESENT APPEAL BY THE REVENUE NO LONGER SURVIVES, AS THE ORDER UNDER SECT ION 263 OF THE ACT PASSED BY THE COMMISSIONER OF INCOME-TAX, ON THE BASIS OF WHICH T HE IMPUGNED ASSESSMENT WAS MADE BY THE ASSESSING OFFICER, HAS BEEN QUASHED BY THE TRIB UNAL VIDE ORDER DATED 29.12.2008 IN ITA NO 579/PN/2008. IN VIEW OF THIS FACTUAL POSITION, T HIS APPEAL OF THE REVENUE NO LONGER SURVIVES AND IS ACCORDINGLY DISMISSED. 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 9TH DAY OF MA RCH, 2011. SD/- SD/- (SHAILENDRA KUMAR YADAV) (G.S. PA NNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED:9 TH MARCH, 2011 COPY TO:- 1) NATIONAL TIMBERS, PUNE 2) THE ITO WD-5(3), PUNE 3) THE CIT(A)-III, PUNE. 4) THE CIT-III, PUNE 5) THE D R, A BENCH, ITAT, PUNE BY ORDER TRUE COPY ASST. REGISTRAR, ITAT,PUNE B 2