Gail India Ltd., New Delhi V. DCIT (LTU), New Delhi

ITA 6542/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6804 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 09-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST IMPUGNED DATED PASSED
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO.:- 6542/DEL/2015 ASSESSMENT YEAR: 2007-08 O R D E R PER AMIT SHUKLA, J.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST IMPUGNED ORDER DATED 7.10.2015 PASSED BY LD. CIT(A )- 22, NEW DELHI FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3)/263 PA SSED IN PURSUANCE OF ORDER U/S 263 BY THE LD. CIT FOR ASSES SMENT YEAR 2007- 08. GAIL (INDIA) LTD. 16, BHIKAJI CAMA PLACE, NEW DELHI 110 066 PAN AAACG1209J VS. DCIT (LTU) NBCC PLAZA, PUSHP VIHAR, SECTOR-3, NEW DELHI 110 017 (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI ROHIT JAIN, ADVOCATE MS. DEEPASHREE RAO, CA SHRI VIBHU GUPTA, CA DEPARTMENT BY : SHRI SUJIT KUMAR, SR. DR DATE OF HEARING 05/07/2018 DATE OF PRONOUNCEMENT 12/07/2018 2 2. AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBM ITTED THAT THE ORDER PASSED U/S 263 BY LD. CIT HAS BEEN QUASHED BY THE TRIBUNAL VIDE ORDER DATED 29.7.2016 IN ITA NO. 1784/DEL/2012 ; AND THEREFORE, THE IMPUGNED PROCEEDINGS/ASSESSMENT ORDER HAS BECOME INFRUCTUOUS. A COPY OF THE SAID ORDER HAS ALSO BEEN FILED BEFORE US. 3. LD. DR ALSO ADMITTED THAT THE PRESENT APPEAL HAS BEEN RENDERED INFRUCTUOUS IN VIEW OF THE FACT THAT ORDER U/S 263, ITSE LF HAS BEEN QUASHED BY THE TRIBUNAL. 4. SINCE THE PRESENT APPEAL HAS BEEN FILED BY TH E ASSESSEE AGAINST ORDER PASSED U/S 143(3) / 263 IN PURSUANCE OF REVIS IONARY ORDER DATED 24.2.2012 PASSED U/S 263, THEREFORE, WHEN THE MAI N ORDER PASSED U/S 263 HAS BEEN QUASHED THEN THE SUBSEQUENT PROCEEDI NGS HAVE BEEN RENDERED INFRUCTUOUS. IN THE RESULT THE IMPUGNED ASSESSMENT ORDER IS QUASHED AS INFRUCTUOUS AND CONSEQUENTLY THE A PPEAL OF THE ASSESSEE IS TREATED AS ALLOWED. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALL OWED. THIS DECISION WAS PRONOUNCED IN THE OPEN CO URT ON 12 TH JULY, 2018. SD/- SD/- (L.P. SAHU) (AMI T SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12.7.2018 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI