The DCIT, Central Circle-1(1)(1), Vadodara V. Gujarat State Fertilizers Chemicals Ltd., Vadodara

ITSSA 296/AHD/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3742 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 17-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 06-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VASUNDARA UPMANYU
• Assessee Lawyers: S R SHAH HEARING CONCLUDED ON
• Section: 143(3)

Judgement Text

IT(SS)A NO.296/AHD/2016 ASSESSMENT YEAR: 2010-11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] IT(SS)A NO.296/AHD/2016 ASSESSMENT YEAR: 2010-11 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), VADODARA. .....APPELLANT VS. GUJARAT STATE FERTILIZERS CHEMICALS LTD., .RESPONDENT P.O. FERTILIZER NAGAR, DIST. VADODARA 391 750. [PAN : AAACG 7996 C] APPEARANCES BY VASUNDARA UPMANYU, FOR THE APPELLANT S.R. SHAH FOR THE RESPONDENT HEARING CONCLUDED ON: 16.05.2018 ORDER PRONOUNCED ON : 17.05.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 29 TH JULY 2016, IN THE MATTER OF ASSESSMENT UNDER SECTI ON 143(3) R.W.S 263 OF THE INCOME TAX ACT 1961, FOR TH E ASSESSMENT YEAR 2010-11. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO A CO-ORDINATE BENCHS DECI SION DATED 31 ST MARCH 2016, WHICH NOW STANDS APPROVED BY HONBLE JURISDICTIONAL HIGH COURTS JUDGEMENT DATED 15 TH MARCH 2017, WHEREBY THE REVISION PROCEEDINGS UNDER SECTION 263, CONSEQUENT TO WHICH IMPUGNED ASSESSMENT WAS FRAMED, WAS QUASHED. LEARN ED COUNSEL SUBMITS THAT WHEN REVISION ORDER ITSELF STANDS QUASHED, THE QUESTIONS RAISED IN THIS APPEAL ARE NO MORE THAN ACADEMIC. WE ARE THUS URGED TO DISMISS THIS AP PEAL AS INFRUCTUOUS. IT(SS)A NO.296/AHD/2016 ASSESSMENT YEAR: 2010-11 PAGE 2 OF 2 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ACCEP TS THE FACTUAL POSITION SO POINTED OUT BY THE LEARNED COUNSEL. THE COPIES OF J UDICIAL ORDERS CITED BY THE LEARNED COUNSEL WERE ALSO PERUSED BY HER. 4. IN VIEW OF THE FACTUAL POSITION AS ABOVE, AS LEA RNED COUNSEL FOR THE ASSESSEE RIGHTLY POINTS OUT, THE ISSUES RAISED IN THIS APPEA L ARE PURELY ACADEMIC AND DO NOT CALL FOR ANY ADJUDICATION BY US. WE, THEREFORE, DISMISS THIS APPEAL AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUN CED IN THE OPEN COURT TODAY ON THE 17 TH MAY, 2018. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEM BER) DATED: 17 TH MAY, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD