ACIT, Khammam v. M/s Sree Nagendra Construction, Khammam

ITA 697/HYD/2009 | 2003-2004
Pronouncement Date: 23-03-2010 | Result: Dismissed

Appeal Details

RSA Number 69722514 RSA 2009
Assessee PAN AAUFS4784M
Bench Hyderabad
Appeal Number ITA 697/HYD/2009
Duration Of Justice 9 month(s) 29 day(s)
Appellant ACIT, Khammam
Respondent M/s Sree Nagendra Construction, Khammam
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 23-03-2010
Date Of Final Hearing 23-03-2010
Next Hearing Date 23-03-2010
Assessment Year 2003-2004
Appeal Filed On 25-05-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SHRI G.C.GUPTA VICE PRESIDENT AND SHRI AKBER BASHA ACCOUNTANT MEMBE R ITA NO.697/HYD/09 : ASSESSMENT YEAR - 2003 -04 ITA NO.698/HYD/09 : ASSESSMENT YEAR - 2004 -05 ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 1 KHAMMAM. V/S M/S. SREE NAGENDRA CONSTRUCTIONS KHAMMAM. (PAN - AAUFS 4784 M) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A. PATRA RESPONDENT BY : SHRI K.C.DEVADAS O R D E R PER AKBER BASHA ACCOUNTANT MEMBER: THESE TWO APPEAL BY THE REVENUE ARE DIRECTED AGAINST THE SIMILAR BUT SEPARATE ORDERS OF THE CIT(A) VIJAYAWADA DATED 9.3.2009 AND 13.3.2009 PERTAINING TO ASSESSMENT YEARS 2003-04 A ND 2004-05 RESPECTIVELY. 2. AT THE OUTSET IT HAS BEEN BROUGHT TO OUR NOTICE B Y THE LEARNED COUNSEL FOR THE ASSESSEE THAT DISPUTED ASSESSMENTS GIVI NG RISE TO THE PRESENT APPELLATE PROCEEDINGS HAVE BEEN FRAMED IN PURSUANCE OF THE ORDERS OF THE COMMISSIONER OF INCOME TAX VIJAYAWAD A DATED 5.2.2008 PASSED UNDER S.263 OF THE INCOME-TAX ACT 1961 (THE ACT) FOR THE YEARS UNDER APPEAL AND THE SAID ORDERS OF THE CO MMISSIONER OF INCOME TAX DATED 5.2.2008 WHEN CONTESTED IN APPEAL BE FORE THE TRIBUNAL HAVE BEEN CANCELLED BY THIS TRIBUNAL VIDE OR DER DATED 23.12.2009 IN ITA NOS.223 & 224/HYD/2008. A COPY OF T HE SAID ORDER 2 HAS ALSO BEEN FILED BEFORE US. IN THIS VIEW OF THE MAT TER IT HAS BEEN SUBMITTED THAT THE ASSESSMENT AS WELL AS APPELLATE PROCEEDI NGS WHICH FOLLOW AS A CONSEQUENCE OF THE ABOVE ORDERS UNDER S.263 OF THE ACT INCLUDING THE PRESENT APPELLATE PROCEEDINGS BECOME INFR UCTUOUS AND AS SUCH THE PRESENT APPEALS OF THE REVENUE ARE LIABLE TO B E CANCELLED. LEARNED DEPARTMENTAL REPRESENTATIVE ON THE OTHER HA ND DID NOT CONTROVERT THIS POSITION CANVASSED BY THE LEARNED COUNSEL. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL AVAILABLE ON RECORD. IN AS MUCH AS THE ORDERS OF THE COMMISSIONER OF INCOME TAX PASSED UNDER S.263 WHICH GAVE RISE TO THE IMPUGNED ASSESSMENT AS WELL AS THE APPELLATE PROCEEDIN GS HAVE BEEN CANCELLED BY THIS TRIBUNAL VIDE ITS ORDER DATED 2 3.12.2009 SUBSEQUENT PROCEEDINGS INCLUDING THE PRESENT APPELLATE P ROCEEDINGS HAVE BECOME INFRUCTUOUS. AS SUCH THE PRESENT APPEALS ARE LIABLE TO BE DISMISSED. WE ACCORDINGLY DISMISS THE SAME. 4. IN THE RESULT BOTH THE APPEALS OF THE REVENUE A RE DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE COURT AT THE CONCLU SION OF HEARING ON 23-3-2010. SD/- (G.C. GUPTA) SD/- (AKBER BASHA) VICE PRESIDENT. ACCOUNTANT MEMBER. DATED THE 23RD MARCH 2010. COPY FORWARDED TO: 1. M/S. SREE NAGENDRA CONSTRUCTIONS 4-2-100/5/A SRINAGAR COLONY ROTARY NAGAR KHAMMAM. 3 2. ASST. COMMISSIONER OF INCOME TAX CIRCLE-1 KHAMMAM 3. COMMISSIONER OF INCOME TAX(A) VIJAYAWADA 4. COMMISSIONER OF INCOME TAX VIJAYAWADA. 5. THE D.R. ITAT HYDERABAD. B.V.S.