ACIT, CHENNAI V. Rakesh Sarin, CHENNAI

MA 117/CHNY/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2490 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-11-2014
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 21-11-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 23-06-2014
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: K RAVI
• Keywords: Rectification of order; Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NOS. 117 & 118/MDS/2014 (IN ITA NOS. 99 & 100/MDS/2013) ASSESSMENT YEARS : 2008-09 & 2009-10 ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- II(1), CHENNAI VS SHRI RAKESH SARIN, NO.5-E, MOOKAMBIGAI COMPLEX, LADY DESIKA ROAD, MYLAPORE, CHENNAI-600 004 [PAN: A DXPR 7428 R ] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI N. MADHAVAN, JCIT RESPONDENT BY : SHRI K.RAVI, ADVOCATE DATE OF HEARING : 21-11-2014 DATE OF PRONOUNCEMENT : 21-11-2014 O R D E R PER VIKAS AWASTHY, J.M: THE MISCELLANEOUS PETITIONS HAVE BEEN FILED BY THE REVENUE U/S.254(2) OF THE INCOME TAX ACT SEEKING RECTIFICAT ION OF THE ORDER DT.18-07-2013 IN THE AFORESAID APPEALS. THE APPEAL S OF THE REVENUE WERE DISMISSED IN PURSUANCE TO THE ORDER OF HON'BLE MADRAS HIGH COURT IN W.P.NO.25078/2005 QUASHING THE BLOCK ASSES SMENT ORDER. ADDITIONS IN THE IMPUGNED ASSESSMENT YEARS WERE CONSEQUENTIAL TO THE BLOCK ASSESSMENT. M.P. NOS. 117 & 118/MDS/14 :- 2 -: 2. AGGRIEVED BY THE ORDER OF THE TRIBUNAL DT.18-07- 2013, THE REVENUE PREFERRED APPEALS BEFORE THE HON'BLE JURISD ICTIONAL HIGH COURT. DURING THE PENDENCY OF APPEALS BEFORE HON'B LE HIGH COURT, THE REVENUE FILED PRESENT MISCELLANEOUS PETITIONS S EEKING RECTIFICATION OF ORDER. 3. THE HON'BLE HIGH COURT IN W.A.NO.874 OF 2011 AND TC (APPEAL) NO.677 OF 2013 ALLOWED THE APPEAL OF REVENUE AND SE T ASIDE THE ORDER OF TRIBUNAL IN ASSESSEES CASE PASSED IN THE BLOCK ASSESSMENT PROCEEDINGS. CONSEQUENTLY, THE HON'BLE HIGH COURT VIDE ORDER DT.08-09-2014 IN T.C.NO.91 & 92 OF 2014, HAS SET AS IDE THE ORDER OF THE TRIBUNAL IN PRESENT SET OF APPEALS AND REMITTED THE MATTER BACK TO THE TRIBUNAL FOR DECIDING THE ISSUES ON MERITS. SINCE, THE ORDER WHICH IS SOUGHT TO BE RECTIFIED HA S BEEN SET ASIDE BY THE HON'BLE HIGH COURT, THE PRESENT MISCEL LANEOUS PETITIONS HAVE BECOME INFRUCTUOUS AND THE SAME ARE DISMISSED AS SUCH. ORDER PRONOUNCED ON FRIDAY, THE 21 ST NOVEMBER, 2014 AT CHENNAI. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (VIKAS AWASTHY) JUDICIAL MEMBER DATED: 21 ST NOVEMBER, 2014 TNMM COPY TO: APPELLANT/RESPONDENT/CIT(A)/CIT/DR