KAMLAKANT CHHOTALAL EXPORTERS P. LTD, MUMBAI V. CIT VI, MUMBAI

ITA 7124/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2033 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 16-12-2008
• Court: TRIBUNAL
• Department Lawyers: PEEYUSH JAIN
• Assessee Lawyers: PRADEEP KAPASI
• Section: 143(3); 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI. BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER I.T.A. NO. 7124 /MUM/2008. ASSESSMENT YEA R : 2006-07. KAMLAKANT CHHOTALAL EXPORTERS P. LTD., DY. COMMISSIONER OF RASHMI ZAVERI & CO., VS. INCOME TAX-6(2), CHARTERED ACCOUNTANTS, MUMBAI. ARHAM, GR. FLOOR, PLOT 266, SION (E), MUMBAI 400022. PAN : AAACK2244H. APPELLANT RESPONDENT APPELLANT BY : SHRI PRADEEP KAPASI. RESPONDENT BY : SHRI PEEYUSH JAIN. O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX-VI, MUMBAI U/S 263 OF THE INCOME TAX ACT. 2. SHRI PRADEEP KAPASI, LEARNED COUNSEL, APPEARED FOR THE ASSESSEE AND SHRI PEEYUSH JAIN, LEARNED DR, APPEARE D FOR THE REVENUE. 3.` ON A QUERY FROM THE BENCH, MR. PRADEEP KAPASI, LEARNED COUNSEL FOR THE ASSESSEE, ADMITTED THAT IN AN ORDER PASSED U/S 143(3) READ WITH SECTION 263, THE LEARNED AO HAS GRANTED RELIEF ON MERITS TO THE ASSESSEE VIDE HIS ORDER DATED 29-12-2009. WHEN THE BENCH PUT IT TO HIM THAT IN SUCH A SITUATION, THE ADJUDICATION OF THIS APPEAL WOULD BE AN ACADEMIC EXERCISE, MR. KPASI DID NOT WANT EITHER TO CONCEDE THE MATTER OR 2 TO WITHDRAW THE APPEAL. THE LEARNED DR SUBMITS THAT THE ASSESSEE SHOULD NOT HAVE ANY GRIEVANCE AS THE AO HAD ALREADY GRANTE D THE NECESSARY RELIEF. 4. ON HEARING THE RIVAL CONTENTIONS, ON THE FACTS AND CIRCUMSTANCES OF THE CASE , AS THE AO HAS ALREADY G RANTED RELIEF TO THE ASSESSEE, THE ADJUDICATION OF THIS APPEAL HAS BECOM E ACADEMIC IN NATURE. UNDER THESE CIRCUMSTANCES, WE DISPOSE OF THIS APPE AL BY GIVING LIBERTY TO THE ASSESSEE TO FILE APPROPRIATE PETITION UNDER LAW , IN CASE THE REVENUE AUTHORITIES REVISE, REVIEW OR OTHERWISE DISTURB THE ORDER PASSED U/S 143(3) READ WITH SECTION 263 DATED 29-12-2009 BY THE AO. 5. IN THE RESULT, WITH THE ABOVE DIRECTIONS, WE DI SPOSE OF THIS APPEAL. ORDER PRONOUNCED ON THIS 21 ST DAY OF MAY, 2010. SD/- SD/- (D. MANMOHAN) (J. SUDHAKAR REDDY) VICE PRESIDENT. ACCOUNTANT MEMBER. MUMBAI, DATED : 21 ST MAY, 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, B-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENCHES, MUMBAI.