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Income Tax Appellate Tribunal, BENCH “ E”, MUMBAI
Before: SHRI B.R. BASKARAN & SHRI PAWAN SINGH
PER PAWAN SINGH, JM:
This appeal filed by Revenue u/s 253 of the Income-tax Act (‘the Act’) is directed against the order of CIT(A) - 7 dated 24.02.2012 for AY 2002-
Brief facts of the case are regular assessment for the relevant AY was completed u/s 143(3) on 07.12.2004. In the regular assessment certain disallowance was made by AO. On appeal before ld CIT (A) the assessee was granted partial relief vide order dated 18.08.2006. Further, agrvied by the order of CIT(A), the assessee filed appeal before Tribunal. The Tribunal vide order dated 15.07.2009 in ITA 3407/M/2009 decided the appeal of the assessee. The AO passed the order giving effect of ITAT order on 22.02.2010 (u/s 143(3) r.w.s.254). Against giving effect the assessee again filed appeal before CIT(A). The ld CIT (A) decided the M/s Small Industrial Development Bank of India
said appeal vide his order dated 24.02.2012, wherein partial relief was granted to the assessee. Hence, further aggrieved by the order of CIT(A) dated 24.02.2012 the Revenue has filed this appeal before us.
Today, when this appeal was taken up for hearing , Sh. Arvind Sonde ld Advocate for the assessee submitted that the order of Tribunal dated 15/07/2009 in ITA No. 3407/M/2009 has been set-aside by the Hon’ble Bombay High Court vide order dated 7th December 2010 in Income tax Appeal No. 4322of 2009. The Hon’ble High Court has directed the Tribunal to decide the appeal of the assessee afresh; hence, this appeal filed by the Revenue has become infructuous. Sh. Sonde has placed on record the copy of order dated 7th December 2010 passed by High Court. The ld CIT-DR not disputed the factual position brought in our notice.
Considering the fact that the order of the Tribunal dated 15/07/2009 in ITA No. 3407/M/2009 has already been set-aside by the Hon’ble Bombay High Court vide order dated 7th December 2010 in Income tax Appeal No. 4322 of 2009, hence, the appeal filed by the Revenue is dismissed as infructuous.
In the result the appeal of the Revenue is dismissed. Order pronounced in the open court on 1st February 2017. (B.R. BASKARAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 01/02/2017 S.K.PS Copy of the Order forwarded to :
The Appellant
The Respondent.
The CIT(A), Mumbai.
CIT BY ORDER,
DR, ITAT, Mumbai
Guard file. (Asstt.