Md. Farooque Ansari, Kolkata v. ACIT, Circle - 32, Kolkata, Kolkata

ITA 473/KOL/2010 | 2003-2004
Pronouncement Date: 08-10-2010

Appeal Details

RSA Number 47323514 RSA 2010
Assessee PAN ACGPA7647B
Bench Kolkata
Appeal Number ITA 473/KOL/2010
Duration Of Justice 7 month(s) 3 day(s)
Appellant Md. Farooque Ansari, Kolkata
Respondent ACIT, Circle - 32, Kolkata, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 08-10-2010
Appeal Filed By Assessee
Bench Allotted B
Tribunal Order Date 08-10-2010
Assessment Year 2003-2004
Appeal Filed On 05-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA () . . !' .#$. %& [BEFORE SRI B. R. MITTAL JM & SRI C. D. RAO AM] '' '' '' '' / ITA NO.473 /KOL/2010 () *+ () *+ () *+ () *+/ // / ASSESSMENT YEAR : 2003-04 MD. FAROOQUE ANSARI -VS- ASSISTANT COMMISSIONER OF INCOME-TAX (PA NO.ACGPA 7647 B) CIRCLE-32 KOLKATA. (-. / APPELLANT ) (/0-./ RESPONDENT ) FOR THE APPELLANT: : N O N E FOR THE RESPONDENT 1 /SRI PIYUSH KOLHE %2 / ORDER PER B. R. MITTAL ( . . . . . . . . ) )) ) ) : THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A) KOLKATA DATED 27TH NOVEMBER 2009 FOR ASSESSMENT Y EAR 2003-04. 2. THE SAID APPEAL WAS FIXED FOR HEARING ON 7 TH OCTOBER 2010. NONE APPEARED ON BEHALF OF THE ASSESSEE INSPITE OF NOTICE. 3. WE OBSERVE THAT THIS APPEAL IS ARISING OUT OF TH E ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER DATED 31ST DECEMBER 2008 GIVING EFFECT TO THE ORDER OF THE TRIBUNAL DATED 26 TH JULY 2007 PASSED IN ITA NO.1571/K/2007 I.E. THE T RIBUNAL SET ASIDE THE ORIGINAL ASSESSMENT ORDER PASSED U/S. 144 OF THE AC T AND DIRECTED THE ASSESSING OFFICER TO PASS THE ASSESSMENT ORDER AFRESH AFTER GIVING AD EQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IT IS OBSERVED THAT THE ASSESSEE AFTER FILING TH IS APPEAL BEFORE THE TRIBUNAL ALSO FILED A MISC. APPLICATION BEING MA NO.116/K/2010 IN ITA NO.1571/K/2007 AND THE SAID MISC. APPLICATION WAS HEARD ON 17 TH SEPTEMBER 2010 BY C BENCH. THE TRIBUNAL VIDE ITS ORDER DATED 17 TH SEPTEMBER 2010 HAS RECALLED ITS EARLIER ORDER DAT ED 26 TH JULY 2007 AND DIRECTED THE REGISTRY TO FIX THE APPEAL BE ING ITA NO.1571/K/2007 FOR HEARING ON 30 TH NOVEMBER 2010. 2 5. IN VIEW OF THE ABOVE THE PRESENT APPEAL OF THE ASSESSEE BEING ITA NO.473/K/2010 ARISING OUT OF THE ASSESSMENT ORDER D ATED 31 ST DECEMBER 2008 HAS BECOME INFRUCTUOUS. HENCE THIS APPEAL OF THE ASSE SSEE IS DISMISSED BEING INFRUCTUOUS. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DI SMISSED BEING INFRUCTUOUS. ORDER IS PRONOUNCED ON 08.10.10 SD/- SD/- .#$. %& . . (C. D. RAO) (B. R. MITTAL) ACCOUNTANT MEMBER JUDICIAL MEMBER ( (( ($& $& $& $&) )) ) DATED : 8TH OCTOBER 2010 34 (56 7 JD.(SR.P.S.) %2 8 / 9%*:- COPY OF THE ORDER FORWARDED TO: 1 . MD. FAROOQUE ANSARI 2 ELLIOT ROAD KOLKATA-16. 2 ( /0-. / RESPONDENT ) ACIT CIRCLE-32 KOLKATA 3 . 2( / THE CIT KOLKATA 4 . 2( ( )/ THE CIT(A) KOLKATA 5 . AB /( / DR KOLKATA BENCHES KOLKATA 0 // TRUE COPY %2(C/ BY ORDER D '6 /DEPUTY REGISTRAR .