Kiran Devi, V. ACIT CC-14,

MA 283/DEL/2010

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0369 (ITAT-DELHI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 1999-2000
• Appeal Filed On: 18-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K MONGA
• Section: 260A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C NEW DELHI) BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER MISC. APPLICATION NOS. 283 TO 288/DEL/2010 I.T.A. NO.1130 TO 1135 /DEL/2008 ASSESSMENT YEAR : 1999-00 TO 2004-05 SMT.KIRAN DEVI, ACIT, F-1U-1123, PITAMPURA, CENTRAL CIRCLE-14, DELHI. V. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K. SAMPATH, ADVOCATE. RESPONDENT BY : SHRI AK MONGA, SR. DR. ORDER PER A.K. GARODIA, AM: ALL THESE SIX MISC. APPLICATIONS ARE FILED BY THE ASSESSEE POINTING OUT CERTAIN MISTAKES IN THE COMBINED TRIBUNAL ORDER DATED 7.8.2009 FOR ASSESSMENT YEARS 1999-00 TO 2004-05. 2. IN THE COURSE OF HEARING BEFORE US, LD AR OF THE A SSESSEE SUBMITTED A COPY OF JUDGMENT OF HON'BLE DELHI HIGH C OURT DATED 26.8.2010 IN I.T.A. NOS. 1217, 1219, 1220, 1221, 123 1 & 1233 OF 2010 AND SUBMITTED THAT AGAINST THIS IMPUGNED COMBINED TRIB UNAL ORDER DATED 7.8.2009, THE ASSESSEE HAS FILED APPEAL BEFORE HON 'BLE DELHI HIGH COURT U/S 260A AND ALL THESE SIX APPEALS OF THE ASSE SSEE BEFORE HON'BLE DELHI HIGH COURT HAD BEEN ADMITTED AND NOTI CES WERE ISSUED TO THE REVENUE. IT IS SUBMITTED THAT IN VIEW OF THIS JUDG MENT OF HON'BLE DELHI HIGH COURT ADMITTING THE APPEALS OF THE ASSESSEE, THESE SIX MISC. PAGE 2 OF 3 MA NOS.283 TO 288 IN ITA NO1130 TO 1135/DEL/08 APPLICATIONS OF THE ASSESSEE HAVE BECOME INFRUCTUOUS BEC AUSE NOW THE CORRECTNESS OR OTHERWISE OF THIS COMBINED TRIBUNAL ORDER HAS TO BE EXAMINED AND DECIDED BY HON'BLE DELHI HIGH COURT. L D DR OF THE REVENUE ALSO SUBMITTED THAT UNDER THIS FACTUAL POSITION , THESE MISC. APPLICATIONS OF THE ASSESSEE SHOULD BE DISMISSED AS INFRUCTUO US. 3. WE HAVE HEARD BOTH SIDES AND HAVE GONE THROUGH THE DECISION OF HON'BLE DELHI HIGH COURT DATED 26.8.2010 AS PER WHIC H HON'BLE DELHI HIGH COURT HAS ADMITTED THE APPEALS OF THE ASSESSEE FOR D ECISION AND HENCE THESE MISC. APPLICATIONS OF THE ASSESSEE HAVE BECOME INFRUCTUOUS. WE, THEREFORE, DISMISS THE SAME AS INFRUCTUO US. 4. IN THE RESULT, ALL THE SIX MISC. APPLICATIONS OF THE ASSESSEE ARE DISMISSED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 18 TH MARCH, 2011. SD/- SD/- (I.P. BANSAL) (A.K. GAR ODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 18.3.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). PAGE 3 OF 3 MA NOS.283 TO 288 IN ITA NO1130 TO 1135/DEL/08