MS IND-SPHINX PRECISION vs. COMMISSIONER

I.T.A. No.11 of 2007

11.03.2010 Present: Mr. M. M. Khanna, Sr. Advocate with Mr. Goverdhan Sharma, Advocate, for the petitioner.

Mr. Vinay Kuthiala, Advocate, for the respondent.

Vide the impugned order of the Tribunal, the matter was remanded to the Assessing Officer. The parties have informed us that thereafter the Assessing Officer framed fresh assessment. The matter was carried-up to the Income Tax Appellate Tribunal and decided in favour of the assessee and the Revenue has challenged the said order of the Tribunal before this Court. Therefore, this appeal has become infructuous and is disposed of accordingly. The assessee shall be at liberty to raise all points, which it has raised in this appeal, while defending the appeal, filed by the Revenue in this Court.

( Deepak Gupta ),J.

( Sanjay Karol ), J. March 11, 2010 (rana)