Shalivahana Estates, Hyderabad V. Asst.CIT,Circle 10(1), Hyderabad

ITA 195/HYD/2014

• Counselvise Citation: 19522514 RSA 2014
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 07-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAVI SESHAGIRI RAO
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA.NO. 194 & 195/HYD/2014 ASSESSMENT YEARS 2006-2007 & 2007-2008 M/S. SHALIVAHANA ESTATES, SECUNDERABAD PAN AAQFS1547L VS. ACIT, CIRCLE 10(1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. RAVI SESHAGIRI RAO FOR REVENUE : MS. K. HARITHA DATE OF HEARING : 21.05.2014 DATE OF PRONOUNCEMENT : 28.05.2014 ORDER PER B. RAMAKOTAIAH, A.M. THESE TWO APPEALS ARE BY ASSESSEE AGAINST ORDERS OF THE CIT(A)-VI, HYDERABAD DATED 25.10.2013 PASSED CONSEQUENT TO THE ORDERS OF CIT UNDER SECTION 263 O F THE I.T. ACT, 1961. 2. AT THE OUTSET, LD. COUNSEL SUBMITTED THAT THE ORDERS UNDER SECTION 263 PASSED BY COMMISSIONER OF INCOME TAX WERE SUBJECT MATTER OF APPEAL BEFORE THE ITAT A ND ITAT VIDE ITS ORDER DATED 26 TH MARCH, 2014 IN ITA.NO.832 & 833/HYD/2011 SET ASIDE THE ORDERS OF CIT UNDER SECT ION 263. CONSEQUENTLY, THESE APPEALS/PROCEEDINGS BECAME INFR UCTUOUS. 3. LEARNED D.R. HOWEVER, ACCEPTED THE FACTUAL POSITION. 2 ITA.NO.194 &195/HYD/2014 M/S. SHALIVAHALA ESTATES, SECUNDERABAD 4. CONSIDERING THAT THE ORDERS UNDER SECTION 263 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX WE RE SET ASIDE BY ITAT, CONSEQUENTIAL ORDERS PASSED BY THE A .O. BECOMES INFRUCTUOUS. ACCORDINGLY, THE PRESENT APPEA LS DOES NOT SURVIVE. ACCORDINGLY, ASSESSEES GROUNDS ARE TR EATED AS ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, APPEALS OF THE ASSESSEE ARE ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28.05.2 014. SD/- SD/- (SAKTIJIT DEY) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 28 TH MAY, 2014 VBP/- COPY TO : 1. M/. SALIVAHANA ESTATES, 1-2-166-193-01, OXFORD STREET, S.D. ROAD, SECUNDERABAD. C/O. RAVI SESHAGIRI R AO, ADVOCATE, FLAT NO.102, SHRIYAS ELEGANCE, 3-6-643, STREE T NO.9, HIMAYATNAGAR, HYDERABAD 500 029. 2. ACIT, CIRCLE 10(1), HYDERABAD. 3. CIT(A)-VI, HYDERABAD. 4. CIT - V , HYDERABAD 5. D.R. ITAT, A BENCH, HYDERABAD.