Premier Explosives Ltd., Hyderabad v. CIT, Hyderabad

ITA 902/HYD/2010 | 2005-2006
Pronouncement Date: 25-02-2011 | Result: Dismissed

Appeal Details

RSA Number 90222514 RSA 2010
Assessee PAN AABCP2277J
Bench Hyderabad
Appeal Number ITA 902/HYD/2010
Duration Of Justice 8 month(s) 11 day(s)
Appellant Premier Explosives Ltd., Hyderabad
Respondent CIT, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 25-02-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 25-02-2011
Date Of Final Hearing 07-02-2011
Next Hearing Date 07-02-2011
Assessment Year 2005-2006
Appeal Filed On 14-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI G.C.GUPTA VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER ITA NO.902/HYD/10 : ASSTT. YEAR 2005-06 M/S. PREMIER EXPLOSIVES LTD. HYDERABAD ( PAN AABCP 2277 J ) V/S. DY. COMMISSIONER OF INCOME TAX CIRCLE 16(3) HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.RAMA RAO RESPONDENT BY : SHRI V.SRINIVAS O R D E R PER G.C.GUPTA VICE PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2005- 06 IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOM E-TAX PASSED UNDER S.263 OF THE INCOME TAX ACT 1961. 2. THE ONLY ISSUE IN THIS APPEAL OF THE ASSESSEE IS REGAR DING VALIDITY OF THE ORDER PASSED UNDER S.263 OF THE ACT. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT TH E PRESENT APPEAL OF THE ASSESSEE HAS BECOME REDUNDANT IN VIEW OF T HE FACT THAT IN THE ASSESSMENT FRAMED IN PURSUANCE OF THE DIRECTION OF THE COM MISSIONER OF INCOME TAX IN THE ORDER PASSED UNDER S.263 OF THE ACT THE ASSESSING OFFICER HAS NOT MADE ANY ADDITION AND THEREFORE THE PRESEN T APPEAL OF THE ASSESSEE MAY BE DECIDED ACCORDINGLY. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS SUPPORTED THE CONTENTION OF THE LEARNED COUNSEL FOR THE ASSESSEE. ITA NO.902./HYD/10 M/S. PREMIER EXPLOSIVES LTD. HYDERABAD 2 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE FACT THAT THE ASSESSING OFFICER HAS NOT MADE ANY ADDITION IN PURSUANCE OF THE DIRECTIONS GIVEN BY THE COMMISSIONER OF INCOME TAX IN TH E SET ASIDE ORDER PASSED BY HIM UNDER S.263 OF THE ACT THE PRESENT APPEA L OF THE ASSESSEE HAS BECOME INFRUCTUOUS. IT IS DISMISSED ACCORDINGLY. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 25/2/2011 SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 25TH FEBRUARY 2011 COPY FORWARDED TO: 1 M/S. PREMIER EXPLOSIVES LTD. C/O. SHRI S.RAMA RAO FLAT NO.102 SHIRYA'S ELEGANCE NO.3-6-643 ST. NO.9 HIMAYATNAGAR HYDERABAD 500029. 2. DY. COMMISSIONER OF INCOME-TAX CIRCLE-16(3). HYDER ABAD 3. COMMISSIONER OF INCOME-TAX-IV HYDERABAD 4. THE DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD. B.V.S