ACIT., Circle-2(3), Hyderabad, Hyderabad V. M/s New Cyberabad City Projects (P) Limited, Hyderabad

ITA 1684/HYD/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 87458 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2015
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 12-03-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 03-11-2014
• Court: TRIBUNAL
• Department Lawyers: G APARNA RAO
• Assessee Lawyers: N S SRILATHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER I.T.A. NO. 1684/HYD/2014 ASSESSMENT YEAR: 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(3), HYDERABAD VS M/S. NEW CYBERABAD CITY PROJECTS (P) LTD., BANJARA HILLS, HYDERABAD [PAN: AACCC8896K] (APPELLANT) (RESPONDENT) FOR REVENUE : S MT. G. APARNA RAO , DR FOR ASSESSEE : MS. N.S.SRILATHA , AR DATE OF HEARING : 1 2 - 0 3 - 201 5 DATE OF PRONOUNCEMENT : 25 - 03 - 2015 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS IS REVENUE'S APPEAL FILED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX(APPEALS)-III, HYDERABAD DATED 06-08-2014 WHEREIN LD.CIT(A) ALLOWED ASSESSEE'S APPEAL. REVE NUE IS AGGRIEVED. 2. BRIEFLY STATED, ASSESSEE-COMPANY WAS ASSESSED U/ S.143(3) OF THE INCOME TAX ACT [ACT] AND LATER LD.CIT INVOKED JURI SDICTION U/S.263 AND PASSED ORDERS GIVING DIRECTIONS TO ASSESSING OFFICE R TO RE-DO THE ASSESSMENT. THE IMPUGNED ORDER IS RESULT OF THE CO NSEQUENTIAL ITA NO. 1684 /HYD/2014 M/S.NEW CYBERABAD CITY PROJECTS P LTD., :- 2 -: PROCEEDINGS. IN THE MEAN TIME, ASSESSEE CHALLENGED THE ORDER U/S.263 BEFORE ITAT, HYDERABAD AND ITAT 'B' BENCH, HYDERABA D IN ITA NO.570/HYD/2012 DT. 07-03-2013 HAS SET ASIDE THE IM PUGNED ORDER U/S.263. THEREAFTER, ASSESSING OFFICER HIMSELF GAV E EFFECT TO THE ORDER OF ITAT AND DETERMINED TOTAL INCOME AT NIL VIDE ORDER DT.08-04-2013. CONSEQUENT TO THAT, CIT(A) HELD THAT THE CONSEQUENT IAL ORDER HAVING BEEN NULLIFIED, THERE IS NO NEED TO EXAMINE THE MER ITS. HE ALLOWED ASSESSEE'S APPEAL AS SUCH. 3. EVEN THOUGH LD.DR SUBMITTED THAT REVENUE IS IN A PPEAL AGAINST THE ORDER OF 263 AND THEREFORE, IN ORDER TO KEEP TH E PROCEEDINGS ALIVE, APPEAL IS PREFERRED, WE DO NOT FIND ANY MERIT IN TH E GROUNDS RAISED BY REVENUE. ASSESSING OFFICER HIMSELF PASSED ANOTHER ORDER DT 08-04-2013 WITHDRAWING THE ADDITIONS MADE, SO THE IMPUGNED ORD ER DOES NOT SURVIVE. THERE CANNOT BE ANY APPEAL ON SUCH ORDER. THE ORDER OF CIT(A) IS UPHELD ON THE FACTS OF THE CASE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 25 TH MARCH, 2015. SD/- SD/- (SAKTIJIT DEY) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUN TANT MEMBER HYDERABAD, DATED 25 TH MARCH, 2015. TNMM ITA NO. 1684 /HYD/2014 M/S.NEW CYBERABAD CITY PROJECTS P LTD., :- 3 -: COPY TO : 1. ASSISTANT C OMMISSIONER OF INCOME TAX, CIRCLE - 2( 3 ), 8 TH FLOOR, 'B' BLOCK, ROOM NO.824, I.T.TOWERS, A.C.GUAR DS, HYDERABAD. 2. M/S. NEW CYBERABAD CITY PROJECTS (P) LTD., P.NO. 83 & 84, 4 TH FLOOR, PUNNAIAH PLAZA, ROAD NO.2, BANJARA HILLS, HYDERABAD. 3. CIT(A)-III, HYDERABAD 4. CIT-II, HYDERABAD 5. D.R. ITAT, HYDERABAD