Ratnamani Metals & Tubes Limited, Ahmedabad V. Pr. CIT (Central), , Ahmedabad

ITA 957/AHD/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7043 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 16-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P D SHAH
• Section: 143(3); 263

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ ITA NO. 957/AHD/2018 / ASSESSMENT YEAR: 2013-14 RATNAMANI METALS & TUBES LTD. C/O. MEHTA LODHA & CO. CHARTERED ACCOUNTANTS 105, SAKAR-I, ASHRAM ROAD AHMEDABAD 380 009. VS PR.CIT (CENTRAL) AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI P.D. SHAH, CA REVENUE BY : SHRI VINOD TANWANI, SR.DR / DATE OF HEARING : 16/01/2019 /DATE OF PRONOUNCEMENT : 16/ 01/2019 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : PRESENT APPEAL IS DIRECTED AT THE INSTANCE OF THE ASSESSEE AGAINST OR DER OF LD.PR.CIT (CENTRAL), AHMEDABAD DATED 21.3.2018 PASSED FOR THE ASSTT.YEAR 2013-14. 2. GRIEVANCE OF THE ASSESSEE IS THAT LD.COMMISSIONE R HAS ERRED IN TAKING COGNIZANCE UNDER SECTION 263 OF THE INCOME T AX ACT, AND THEREBY SETTING ASIDE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) FOR PASSING FRESH ASSESSMENT ORDER. 3. THE LD.COUNSEL FOR THE ASSESSEE AT THE VERY OUTS ET SUBMITTED THAT IN PURSUANCE OF 263-ORDER, THE LD.AO HAS PASSED ASSESS MENT ORDER ON 21.3.2018 AND ACCEPTED THE RETURN OF INCOME DISCLOS ED BY THE ASSESSEE. ITA NO.957/AHD/2018 - 2 - HE HAS NOT MADE ANY ADDITION ON THE BASIS OF 263-OR DER, AND THEREFORE, THE ASSESSEE DOES NOT WANT TO PURSUE THIS APPEAL. IT, THEREFORE, BECOMES REDUNDANT. 4. IN VIEW OF SUBSEQUENT DEVELOPMENT BY WAY OF PASS ING OF FRESH ASSESSMENT, THE ASSESSEE IS NOT AGGRIEVED WITH THE ORDER LD.COMMISSIONER IN A THEORETICAL MANNER. CONSIDERI NG THE ABOVE SITUATION, WE DO NOT FIND MERIT IN THIS APPEAL. IT IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 16 TH JANUARY, 2019. SD/- SD/- (WASEEM AHMED) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED, 16/01/2019