ACIT, CHENNAI V. M/s. L & T Western India Toll Bridge Ltd., CHENNAI

ITA 679/CHNY/2010

• Counselvise Citation: 67921714 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-11-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 11-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR I VIJAYAKUMAR
• Assessee Lawyers: DR ANITA SUMANTH
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] I.T.A NO. 679/MDS/2010 (ASSESSMENT YEAR : 2004-05 ) THE ASST. COMMISSIONER OF INCOME-TAX COMPANY CIRCLE II(4) CHENNAI VS M/S L&T WESTERN INDIA TOLL BRIDGE LTD MOUNT POONAMALLEE ROAD MANAPAKKAM, P.B.NO.979 CHENNAI 600 089 [PAN AAACL7084N ] (APPELLANT) (RESPONDENT) C.O. NO. 45/MDS/2010 (ASSESSMENT YEAR : 2004-05 ) M/S L&T WESTERN INDIA TOLL BRIDGE LTD MOUNT POONAMALLEE ROAD MANAPAKKAM, P.B.NO.979 CHENNAI 600 089 VS THE ASST. COMMISSIONER OF INCOME-TAX COMPANY CIRCLE II(4) CHENNAI (CROSS OBJECTOR) (RESPONDENT) DEPARTMENT BY : DR.I.VIJAYAKUMAR, CIT/DR ASSESSEE BY : DR.ANITA SUMANTH, ADVOCATE DATE OF HEARING : 29-11-2011 DATE OF PRONOUNCEMENT : 12-12-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE AND THE CROSS OBJE CTION BY THE ITA 679/10 CO 45/10 :- 2 -: ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-III, CHENNAI, DATED 20.2.2010. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR NOTIC E THAT THIS APPEAL EMANATES FROM A REVISIONAL ORDER PASSED U/S 263 OF THE ACT AND BECAUSE THE REVISIONARY PROCEEDING ITSELF HAS BEEN STRUCK DOWN BY THE TRIBUNAL VIDE ITS ORDER DATED 17.12.009, THIS APPEA L WILL NOT SURVIVE. A COPY OF THE TRIBUNALS ORDER WHICH IS PASSED IN I.T .A.NO. 857/MDS/2009 HAS BEEN PLACED ON RECORD FOR OUR PERUSAL. AFTER G OING THROUGH THIS ORDER, WE ARE SATISFIED THAT THE ORDER WHICH RESULT ED IN PASSING THE ASSESSMENT ORDER FROM WHICH THIS APPEAL IS STEMMED- UP WILL HAVE NO LEGS TO STAND AS THE CONSEQUENTIAL ASSESSMENT MADE HAS BECOME NON- EXISTENT. ACCORDINGLY, THIS APPEAL OF THE REVENU E STANDS DISMISSED AS HAVING BECOME INFRUCTUOUS. 3. AS A RESULT, THE CROSS OBJECTION WHICH HAS BEEN FIL ED IN RESPECT OF THE APPEAL FILED BY THE REVENUE WILL AL SO NOT SURVIVE. BUT, IT WAS YELLED BY THE LD.AR THAT MERITS OF THE GRO UNDS TAKEN IN THE CROSS OBJECTION SHOULD NOT BE WASHED AWAY PERMANENT LY AND THE ASSESSEE SHOULD BE GIVEN AN OPPORTUNITY TO REVIVE T HESE ISSUES AS AND WHEN THE PROCEEDINGS, IF REVERSED, BY THE HIGHER F ORUMS. WE FIND ITA 679/10 CO 45/10 :- 3 -: THAT THIS IS NOT A GENUINE FEAR OF THE LD.AR. WE M AY MENTION THAT IN CASE OF REVIVAL OF ANY ORDER, ALL THE CONNECTED MAT TERS ARE ALSO LIABLE TO BE REVIVED. THEREFORE, THIS FEAR OF THE LD.AR IS UNFOUNDED. ACCORDINGLY, BOTH APPEAL AS WELL AS THE CROSS OBJEC TION STAND DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N 12.12.2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 12 TH DECEMBER, 2011 RD COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR