ACIT, Khammam V. M/s Sree Nagendra Construction, Khammam

ITA 697/HYD/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5875 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-03-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 25-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A PATRA
• Assessee Lawyers: K C DEVADAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBE R ITA NO.697/HYD/09 : ASSESSMENT YEAR - 2003 -04 ITA NO.698/HYD/09 : ASSESSMENT YEAR - 2004 -05 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 1, KHAMMAM. V/S M/S. SREE NAGENDRA CONSTRUCTIONS, KHAMMAM. (PAN - AAUFS 4784 M) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A. PATRA RESPONDENT BY : SHRI K.C.DEVADAS O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: THESE TWO APPEAL BY THE REVENUE ARE DIRECTED AGAINST THE SIMILAR BUT SEPARATE ORDERS OF THE CIT(A) VIJAYAWADA, DATED 9.3.2009 AND 13.3.2009 PERTAINING TO ASSESSMENT YEARS 2003-04 A ND 2004-05 RESPECTIVELY. 2. AT THE OUTSET, IT HAS BEEN BROUGHT TO OUR NOTICE B Y THE LEARNED COUNSEL FOR THE ASSESSEE THAT DISPUTED ASSESSMENTS GIVI NG RISE TO THE PRESENT APPELLATE PROCEEDINGS, HAVE BEEN FRAMED IN PURSUANCE OF THE ORDERS OF THE COMMISSIONER OF INCOME TAX VIJAYAWAD A DATED 5.2.2008 PASSED UNDER S.263 OF THE INCOME-TAX ACT, 1961 (THE ACT) FOR THE YEARS UNDER APPEAL, AND THE SAID ORDERS OF THE CO MMISSIONER OF INCOME TAX DATED 5.2.2008, WHEN CONTESTED IN APPEAL BE FORE THE TRIBUNAL, HAVE BEEN CANCELLED BY THIS TRIBUNAL VIDE OR DER DATED 23.12.2009 IN ITA NOS.223 & 224/HYD/2008. A COPY OF T HE SAID ORDER 2 HAS ALSO BEEN FILED BEFORE US. IN THIS VIEW OF THE MAT TER, IT HAS BEEN SUBMITTED THAT THE ASSESSMENT AS WELL AS APPELLATE PROCEEDI NGS WHICH FOLLOW AS A CONSEQUENCE OF THE ABOVE ORDERS UNDER S.263 OF THE ACT, INCLUDING THE PRESENT APPELLATE PROCEEDINGS BECOME INFR UCTUOUS AND AS SUCH THE PRESENT APPEALS OF THE REVENUE ARE LIABLE TO B E CANCELLED. LEARNED DEPARTMENTAL REPRESENTATIVE, ON THE OTHER HA ND, DID NOT CONTROVERT THIS POSITION CANVASSED BY THE LEARNED COUNSEL. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL AVAILABLE ON RECORD. IN AS MUCH AS THE ORDERS OF THE COMMISSIONER OF INCOME TAX PASSED UNDER S.263, WHICH GAVE RISE TO THE IMPUGNED ASSESSMENT AS WELL AS THE APPELLATE PROCEEDIN GS, HAVE BEEN CANCELLED BY THIS TRIBUNAL VIDE ITS ORDER DATED 2 3.12.2009, SUBSEQUENT PROCEEDINGS INCLUDING THE PRESENT APPELLATE P ROCEEDINGS HAVE BECOME INFRUCTUOUS. AS SUCH, THE PRESENT APPEALS ARE LIABLE TO BE DISMISSED. WE ACCORDINGLY DISMISS THE SAME. 4. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE COURT AT THE CONCLU SION OF HEARING ON 23-3-2010. SD/- (G.C. GUPTA) SD/- (AKBER BASHA) VICE PRESIDENT. ACCOUNTANT MEMBER. DATED THE 23RD MARCH, 2010. COPY FORWARDED TO: 1. M/S. SREE NAGENDRA CONSTRUCTIONS, 4-2-100/5/A, SRINAGAR COLONY, ROTARY NAGAR, KHAMMAM. 3 2. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KHAMMAM 3. COMMISSIONER OF INCOME TAX(A), VIJAYAWADA 4. COMMISSIONER OF INCOME TAX VIJAYAWADA. 5. THE D.R., ITAT, HYDERABAD. B.V.S.