Kirloskar Brothers Limited, Pune V. CIT-1, Pune

ITA 691/PUN/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56474 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 06-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARESHWAR SHARMA
• Assessee Lawyers: NANI WADEKAR
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER I.T.A. NO. 691/PN/2010 : A.Y. 2004-05 KIRLOSKAR BROTHERS LTD., YAMUNA SURVEY NO. 98/3 TO 7 BANER, PUNE-411 005 PAN AAACK 7300 E APPELLANT VS. DY. CIT CIR. 11(1) PUNE RESPONDENT APPELLANT BY: SHRI NANIWADEKAR RESPONDENT BY: SHRI HARESHWAR SHARMA DATE OF HEARING: 28-9-2011 DATE OF PRONOUNCEMENT : 30-9-2011 ORDER PER SHAILENDRA KUMAR YADAV, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-I PUNE DATED 26-2-2010 DELETING THE ADDITION OF RS. 47,31,419/- ON THE POINT OF DEDUCTI ON U/S 80-IA OF THE ACT. 2. AT THE OUTSET OF HEARING, THE LEARNED COUNSEL FO R THE ASSESSEE POINTED OUT THAT THE ORDER OF THE CIT PASS ED U/S 263 WAS THE SUBJECT MATTER OF APPEAL BEFORE THE TRI BUNAL IN ITA NO. 636 AND 637/PN/2008 FOR A.Y. 2003-04 AND 20 04- 05 WHICH WAS QUASHED VIDE ITS ORDER DATED 28-11-201 1. IN THIS VIEW OF THE MATTER, THE ASSESSMENT ORDER PASSE D BY THE ASSESSING OFFICER PASSED U/S 143(3) R.W.S. 263 OF T HE ACT, AGAINST WHICH THE IMPUGNED ORDER OF THE CIT(A) DATE D 26-2- 2 ITA NO. 691/PN/2010 KIRLOSKAR BROTHERS A.Y. 2004-05 2010 RENDERED INFRUCTUOUS AND DOES NOT SURVIVE FOR CONSIDERATION. THE LEARNED DR DID NOT DISPUTE THE FACTUAL ASPECTS OF THE CASE. 3. AFTER HEARING THE RIVAL SUBMISSIONS AND PERUSING THE MATERIAL ON RECORD, WE FIND THAT SINCE THE REVISION AL ORDER OF THE COMMISSIONER HAS SINCE BEEN QUASHED BY THE TRIBUNAL VIDE ITS ORDER DATED 28-2-2011 IN ITA NO. 636 AND 637/PN/2008, THE PRESENT APPEAL FILED BY THE ASSESS EE AGAINST THE ORDER OF CIT(A) DATED 26-2-2010 RENDERE D INFRUCTUOUS AND HENCE IT IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. PRONOUNCED IN THE OPEN ON 30 TH SEPTEMBER 2011. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER SHAILENDRA KUMAR YADAV JUDICIAL MEMBER PUNE DATED THE 30 TH SEPTEMBER 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT I PUNE 4. CIT(A)-I PUNE 5. THE D.R, ITAT PUNE BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES, PUNE.