SSV Fab Industries Pvt. Ltd., Hyd, Hyderabad V. DCIT, Circle-3(2), Hyd, Hyderabad

ITA 935/HYD/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1527 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-11-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 10-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: S RAMA RAO
• Section: 143(3); 263

Judgement Text

ITA NO 935 OF 2015 SSV FAB INDUSTRIES P LTD HYDERA BAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.935/HYD/2015 (ASSESSMENT YEAR: 2010-11) SSV FAB INDUSTRIES P LTD HYDERABAD PAN:AALCS2718K VS DY. COMMISSIONER OF INCOME TAX, CIRCLE 3(2) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S. RAMA RAO FOR REVENUE : SHRI Y.V.S.T.SAI,CIT-DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2010-11AGAINS T THE ORDER OF THE CIT U/S 263 OF THE ACT. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT CONSEQUENT TO THE DIRECTION S OF THE CIT, THE AO HAS COMPLETED THE ASSESSMENT AGAINST WHICH T HE ASSESSEE HAS FILED AN APPEAL BEFORE THE CIT (A) WHEREIN THE CIT (A) HAS GRANTED RELIEF TO THE ASSESSEE. WHEN THIS WAS BROUG HT TO THE NOTICE OF THE LEARNED DR, THE LEARNED DR OBTAINED A REPORT FROM THE ITO STATING THAT THE DEPARTMENT HAS NOT FILED A NY APPEAL AGAINST THE ORDER OF THE CIT (A) ON THE CONSEQUENTI AL ORDER PASSED U/S 143(3) R.W.S. 263 OF THE ACT. IN THESE CIRCUMST ANCES, THE DATE OF HEARING : 19.11.2018 DATE OF PRONOUNCEMENT : 28.11.2018 ITA NO 935 OF 2015 SSV FAB INDUSTRIES P LTD HYDERA BAD. PAGE 2 OF 2 APPEAL BEFORE US AGAINST THE ORDER U/S 263 BECOMES MERELY ACADEMIC. THEREFORE, THE APPEAL OF THE ASSESSEE IS DISMISSED WITH THE LIBERTY TO THE ASSESSEE TO SEEK REVIVAL OF THE APPEAL IF THE REVENUE FILES AN APPEAL AGAINST THE ORDER OF THE CI T (A) (REFERRED TO ABOVE) SUBSEQUENTLY. BOTH THE PARTIES AGREED TO THE DISMISSAL OF THE APPEAL IN THESE CIRCUMSTANCES AND ACCORDINGLY, THE APPEAL IS DISMISSED. 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH NOVEMBER, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 28 TH NOVEMBER, 2018. VINODAN/SPS COPY TO: 1 SHRI S.RAMA RAO, ADVOCATE, FLAT NO.102, SHRIYA'S ELEGANCE, 3-6- 643, STREET NO.9, HIMAYATNAGAR, HYDERABAD 500029 2 DY.CIT, CIRCLE 3(2) HYDERABAD 3 CIT (A)-3 HYDERABAD 4 ADD CIT RANGE-3 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER