U.P Power Transmission Corporation Ltd., Lucknow V. Dy. Commissioner of Income Tax, Lucknow

ITA 438/LKW/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3990 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-09-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 30-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

I.T.A. NO.438/LKW/15 ASSESSMENT YEAR :2008-09 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI P. K. BANSAL, ACCOUNTANT MEMBER AND SHRI ABY T. VARKEY, JUDICIAL MEMBER ITA NO.438/LKW/2015 ASSTT. YEAR:2008-09 U.P. POWER TRANSMISSION CORPORATION LTD., 14, ASHOK MARG, LUCKNOW. PAN:AAACU8823E VS. DY.C.I.T., RANGE-VI, LUCKNOW. (APPELLANT) (RESPONDENT) O R D E R PER P. K. BANSAL, A.M. THIS APPEAL, FILED BY THE ASSESSEE, IS DIRECTED AGA INST THE ORDER DATED 26/02/2015 PASSED BY THE LEARNED CIT(A)-2, LUCKNOW PERTAINING TO ASSESSMENT YEAR 2008-09. 2. GROUND NO. 1 OF THE APPEAL WAS NOT PRESSED DURIN G THE COURSE OF HEARING THEREFORE, THIS GROUND IS DISMISSED AS NOT PRESSED. 3. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT ON THE SIMILAR GROUND THE ASSESSEE HAS MOVED A N APPLICATION FOR RECTIFICATION BEFORE THE ASSESSING OFFICER. SINCE T HE ASSESSING OFFICER HAS DONE THE BIFURCATION BY PASSING AN ORDER DATED 06/0 5/2016 U/S 72A(4) OF THE ACT THEREFORE, HE SUBMITTED THAT THE GROUND TAK EN BECOMES INFRUCTUOUS. APPELLANT BY SHRI R. C. JAIN, F.C.A. RESPONDENT BY SHRI AMIT NIGAM, D.R. DATE OF HEARING 14/09/2016 DATE OF PRONOUNCEMENT 16 /0 9 /2016 I.T.A. NO.438/LKW/15 ASSESSMENT YEAR :2008-09 2 LEARNED D. R. ALSO AGREED WITH THE CONTENTION OF LE ARNED COUNSEL FOR THE ASSESSEE. WE, THEREFORE, AFTER GOING THROUGH THE G ROUNDS TAKEN BY THE ASSESSEE AS WELL AS THE SUBMISSION MADE BY BOTH THE PARTIES AND THE ORDER PASSED BY THE ASSESSING OFFICER DATED 06/05/2016, A RE OF THE VIEW THAT THE GROUND TAKEN BY THE ASSESSEE HAS BECOME INFRUCTUOUS IN VIEW OF THE ORDER OF THE ASSESSING OFFICER DATED 06/05/2016. WE, THE REFORE, DISMISS THE GROUND TAKEN BY THE ASSESSEE AS INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 16/09/2016 SD/. SD/. ( ABY T. VARKEY ) ( P. K. BANSAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:16/09/2016 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. R EGISTRAR