DCIT, New Delhi v. M/s. Escorts Ltd., New Delhi

ITA 2563/DEL/2013 | 2004-2005
Pronouncement Date: 31-10-2013 | Result: Dismissed

Appeal Details

RSA Number 256320114 RSA 2013
Assessee PAN AAACE0074B
Bench Delhi
Appeal Number ITA 2563/DEL/2013
Duration Of Justice 5 month(s) 30 day(s)
Appellant DCIT, New Delhi
Respondent M/s. Escorts Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 31-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-10-2013
Assessment Year 2004-2005
Appeal Filed On 01-05-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI R. S. SYAL ACCOUNTANT MEMBER AND SHRI RAJPAL YADAV JUDICIAL MEMBER I.T.A .NO.-2563/DEL/2013 (ASSESSMENT YEAR-2004-05) DY.CIT VS. M/S ESCORTS LTD. CIRCLE-11(1) ROOM NO. 312 11 SCINDIA HOUSE C.R. BUILDING CONNAUGHT PLACE NEW DELHI. NEW DELHI. PAN: AAACE0074B (APPELLANT) (RESPONDENT) REVENUE BY:- SMT. NIDDI SRIVASTAVA SR. DR. ASSESSEE BY:- SH. R. M. MEHTA ADV. ORDER PER R. S. SYAL AM. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) ON 14.02.2013 IN RELATION TO THE ASSESSMENT YEAR 2004-05. 2. HAVING HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD IT IS OBSERVED THAT TH E IMPUGNED ORDER EMANATED FROM THE ORDER PASSED BY THE AO U/S 143(3) R.W.S. 263. THE ORDER PASSED BY THE CIT U/S 263 CAM E UP FOR 2 ADJUDICATION BEFORE THE TRIBUNAL. VIDE ORDER DATED 25.2.2010 THE TRIBUNAL IN ITA NO. 2221/D/2009 HAS SET ASIDE T HE REVISIONAL ORDER PASSED U/S 263. A COPY OF THE TRIB UNAL ORDER IS PLACED ON RECORD. SINCE THE PRESENT PROCEEDINGS EMA NATED FROM THE REVISIONAL ORDER U/S 263 WHICH NOW STANDS SET ASIDE THE VERY FOUNDATION FOR SUCH PROCEEDINGS CEASES TO EXI ST. CONSEQUENTLY THE ASSESSMENT ORDER FLOWING OUT OF S UCH PROCEEDINGS ALSO NEEDS TO BE SET ASIDE. WITHOUT GOI NG INTO THE MERITS OF THE ISSUE WE DISMISS THE APPEAL AS HAVIN G BECOME INFRUCTUOUS. 3. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31/10/2013. SD/- SD/- ( RAJPAL YADAV ) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED: 31/10/2013 *AK VERMA* 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTR DATE INITIAL 1. DRAFT DICTATED ON 29-10-2013 PS 2. DRAFT PLACED BEFORE AUTHOR 29-10-2013 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 29-10-2013 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *