HDFC BANK LTD, MUMBAI V. ACIT 2(3), MUMBAI

ITA 3845/MUM/2010

• Counselvise Citation: 384519914 RSA 2010
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 09-08-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 12-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MRUDUL D INAMDAR
• Section: 143(3); 263; 63; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER & SHRI R.S.PADVEKAR, JUDICIAL MEMBER. I.T.A. NO. 3845/MUM/2010. ASSESSMENT YEAR : 2005-06. HDFC BANK LIMITED, ASSTT. COMMISSIONER OF HDFC BANK HOUSE, VS. INCOME TAX, 2(3), SENAPATI BAPAT MARG, MUMBAI. LOWER PAREL, MUMBAI 400013. PAN AAACH 2702M. APPELLANT. RESPONDENT. APPELLANT BY : SHRI MRUDUL D. INAMDAR. RESPONDENT BY : SHRI PAVAN VED. DATE OF HEARING : 09-08-2011. DATE OF PRONOUNCEMENT : 19-08-2011 O R D E R. PER P.M. JAGTAP, A.M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LEARNED CIT(APPEALS)-6, MUMBAI DATED 18-03-2010. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THIS APPEAL IS ARISING FROM THE ORDER PASSED BY THE AO U/S 143(3) IN PURSUANCE OF THE ORDER PASS ED BY THE LEARNED CIT-2, MUMBAI U/S 263 ON 23 RD MARCH, 2009. AS SUBMITTED BY THE LEARNED COUNSEL F OR THE ASSESSEE, THE ORDER PASSED BY THE LEARNED CIT U/S 2 63 HAS ALREADY BEEN SET ASIDE BY THE TRIBUNAL VIDE ITS ORDER DATED 15 TH JULY, 2011 PASSED IN ITA NO. 2 ITA NO.3845/MUM/2010 ASSESSMENT YEAR : 2005-06. 3284/MUM/2009. CONSEQUENTLY, THE SUBSEQUENT PROCEED INGS ORIGINATED FROM THE ORDER PASSED BY THE LEARNED CIT U/S 263 INCLUDING T HE ASSESSMENT ORDER MADE BY THE AO U/S 143(3) READ WITH SECTION 263 HAVE BECOME NON-EST IN THE EYES OF LAW. THIS APPEAL ARISING FROM THE ORDER OF THE AO PASSED U/S 143(3) READ WITH SECTION 263 THUS IS LIABLE TO BE ALLOWED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. \. ORDER PRONOUNCED ON THIS DAY OF AUGUST , 2011. SD/- SD/- (R.S. PADVEKAR)) (P.M . JAGTAP) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI, DATED: 19 TH AUGUST, 2011. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, I-BENCH. (TRUE COPY ) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENC HES, MUMBA I. WAKODE.