M/s. Zylog Systems Limited, CHENNAI V. ACIT, CHENNAI

ITA 691/CHNY/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4682 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-11-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 11-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAGATI KUMAR
• Assessee Lawyers: V D GOPAL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENTAND SHRI V, DURGA RAO, JUDICIAL MEMBER ITA NO. 691(MDS)/2010 ASSESSMENT YEAR : 2005-06 M/S ZYLOG SYSTEMS LIMITED, NO.155, THIRUVALLUVAR SALAI, KUMARAN NAGAR, CHENNAI 600 119. PAN : AAACZ 1086 G V. THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE III(3), CHENNAI - 600 034. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI V.D. GO PAL, ADVOCATE RESPONDENT BY : SHRI PRAGATI KUM AR, CIT DATE OF HEARING : 19 TH NOVEMBER, 2013 DATE OF PRONOUNCEMENT : 19 TH NOVEMBER, 2013 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS APPEAL IS FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2005-06. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX, CHENNAI-I AT CHENNAI, DATED 17.3.2010, REVISING THE ASSESSMENT ORDER UNDE R SECTION 263 OF THE INCOME-TAX ACT, 1961. 2 I.T.A. NO. 691/MDS/2010 2. THE ORIGINAL ASSESSMENT ORDER PASSED UNDER SECTI ON 143(3) WAS SET ASIDE BY THE COMMISSIONER OF INCOME TAX WIT H A DIRECTION TO THE ASSESSING OFFICER TO EXAMINE THE POINTS DISC USSED IN THE REVISION ORDER. IT IS AGAINST THE SAID REVISION OR DER THAT THE ASSESSEE HAS COME IN APPEAL BEFORE US. 3. BUT, BY THE TIME THE APPEAL IS PLACED BEFORE US, THE ASSESSING OFFICER HAS ALREADY GIVEN EFFECT TO THE R EVISION ORDER PASSED BY THE COMMISSIONER OF INCOME TAX, IN HER OR DER DATED 28.12.2010, PASSED UNDER SECTION 143(3) R/W SECTION 263. IN THE SAID ASSESSMENT ORDER, THE ASSESSING OFFICER HAS RE -EXAMINED THE ISSUES POINTED OUT BY THE COMMISSIONER OF INCOME TA X. ON RE- EXAMINING THOSE ISSUES, THE ASSESSING OFFICER FOUND THAT THE EXPLANATIONS OFFERED BY THE ASSESSEE AT THE TIME OF ORIGINAL ASSESSMENT WERE GENUINE AND ACCEPTABLE. SHE ACCEPT ED THE EXPLANATIONS OFFERED BY THE ASSESSEE AND COMPLETED THE REVISED ASSESSMENT WITHOUT MAKING ANY ADDITION/DISALLOWANCE ON ACCOUNT OF THE REVISION ORDER. IN THIS WAY, THE MATTER HAS COME TO AN END. 4. IN THE ABOVE SCENARIO, WE FIND THAT THIS APPEAL FILED BY THE ASSESSEE HAS BECOME ACADEMIC. IT IS ACCORDINGLY RE JECTED AS INFRUCTUOUS. 3 I.T.A. NO. 691/MDS/2010 ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON TUESDAY, THE 19 TH OF NOVEMBER, 2013 AT CHENNAI. SD/- SD/- (V. DURGA RAO) (DR. O. K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED, THE 19 TH NOVEMBER, 2013. KRI. COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT, CHENN AI-I, CHENNAI 4. DR 5. GF.