DCIT, New Delhi V. M/s. Escorts Ltd., New Delhi

ITA 2563/DEL/2013

• Counselvise Citation: 256320114 RSA 2013
• Duration Of Justice: 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 01-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDDI SRIVASTAVA
• Assessee Lawyers: R M MEHTA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SHRI RAJPAL YADAV, JUDICIAL MEMBER I.T.A .NO.-2563/DEL/2013 (ASSESSMENT YEAR-2004-05) DY.CIT VS. M/S ESCORTS LTD. CIRCLE-11(1), ROOM NO. 312 11, SCINDIA HOUSE, C.R. BUILDING, CONNAUGHT PLACE, NEW DELHI. NEW DELHI. PAN: AAACE0074B (APPELLANT) (RESPONDENT) REVENUE BY:- SMT. NIDDI SRIVASTAVA, SR. DR. ASSESSEE BY:- SH. R. M. MEHTA, ADV. ORDER PER R. S. SYAL, AM. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) ON 14.02.2013 IN RELATION TO THE ASSESSMENT YEAR 2004-05. 2. HAVING HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD, IT IS OBSERVED THAT TH E IMPUGNED ORDER EMANATED FROM THE ORDER PASSED BY THE AO U/S 143(3) R.W.S. 263. THE ORDER PASSED BY THE CIT U/S 263 CAM E UP FOR 2 ADJUDICATION BEFORE THE TRIBUNAL. VIDE ORDER DATED 25.2.2010, THE TRIBUNAL IN ITA NO. 2221/D/2009 HAS SET ASIDE T HE REVISIONAL ORDER PASSED U/S 263. A COPY OF THE TRIB UNAL ORDER IS PLACED ON RECORD. SINCE THE PRESENT PROCEEDINGS EMA NATED FROM THE REVISIONAL ORDER U/S 263, WHICH NOW STANDS SET ASIDE, THE VERY FOUNDATION FOR SUCH PROCEEDINGS, CEASES TO EXI ST. CONSEQUENTLY, THE ASSESSMENT ORDER FLOWING OUT OF S UCH PROCEEDINGS ALSO NEEDS TO BE SET ASIDE. WITHOUT GOI NG INTO THE MERITS OF THE ISSUE, WE DISMISS THE APPEAL AS HAVIN G BECOME INFRUCTUOUS. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31/10/2013. SD/- SD/- ( RAJPAL YADAV ) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED: 31/10/2013 *AK VERMA* 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTR DATE INITIAL 1. DRAFT DICTATED ON 29-10-2013 PS 2. DRAFT PLACED BEFORE AUTHOR 29-10-2013 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 29-10-2013 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *