M/s. H.M.G. Bulk Carrier, Meerut V. CIT, Meerut

ITA 2030/DEL/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97308 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-09-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 01-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SAROHA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER ITA NO. 2030 /DEL /201 2 ASSESSMENT YEAR : 200 7 - 08 M/S HMG BULK CARRIER VS. THE COMMISSIONER OF INCOME - TAX C/O M.L. DHAWAN & CO MEERUT 193, GALI NO. 4, THAPAR NAGAR, MEERUT PAN : AAAFH 4901 R [APPELLANT] [RESPONDENT] DATE OF HEARING : 2 3 . 0 9 . 2015 DATE OF PRONOUNCEMENT : 24 . 09 .2015 APPELLANT BY : SH RI SANDEEP SAPRA, ADV RESPONDENT BY : SHRI A.K. SAROHA, CIT ORDER PER CHANDRA MOHAN GARG, JUDICIAL MEMBER THIS APPEAL BY THE ASSESSEE HAS BEEN FILED AGAINST THE ORDER OF THE CIT(A) , MEERUT DATED 3.2.2012 PASSED U/S 263 OF THE INCOME - TAX ACT 1961 [FOR SHORT, THE ACT ] FOR AY 200 7 - 0 8 . ITA NO. 2030 /DEL/2012 2 2. AT THE VERY OUTSET , THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED A COPY OF THE ORDER OF THE CIT(A), M EERUT DATED 8.5.2015 AND SUBMITTED THAT THE PRE S ENT APPEAL HAS BECOME INFRUCTUOUS IN VIEW OF THE ORDER OF THE CIT(A) [SUPRA] WHEREIN ALL THE IS S UES RAISED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED U/S 143(3) R.W.S 263 OF THE ACT HAVE BEEN DECIDE D IN FAVOUR OF THE ASSESSEE. 3. THE LD. DR FAIRLY AND CANDIDLY ACCEPTED THAT T HE APPEAL OF THE ASSESSEE AGAINST REASSESSMENT ORDER PASSED IN PURSUANT TO ORDER U/S 263 OF THE ACT HAS BEEN ALLOWED IN FAVOUR OF THE ASSESSEE. 4. IN VIEW OF THE ABOVE SUBMISSIONS OF BOTH TH E SIDES, WE ARE OF THE CONSIDERED OPINION THAT THE APPEAL CHALLENGING THE INVOCATION OF PROVISIONS OF SECTION 263 OF THE ACT HAVE BECOME INFRUCTUOUS AND SINCE THE ASSESSEE IS NOT WILLING TO AGITATE THE ISSUE ANY FURTHER , THE PRESENT A PPEAL HAVING BECOME INFRUCTUOUS , STANDS DISMISSED. 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS HAVING BECOME INFRUCTUOUS . THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 24 .09.2015 . SD/ - SD/ - ( S.V. MEHROTRA ) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH SEPTEMBER, 2015 ITA NO. 2030 /DEL/2012 3 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI