DCIT CIR 3(3), MUMBAI vs. SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI), MUMBAI

ITA 4460/MUM/2012Status: DisposedITAT Mumbai01 February 2017AY 2002-032 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the earlier Tribunal order had been set aside by the High Court, the Revenue's appeal had become infructuous. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2002-03. The assessee's earlier appeal to the Tribunal was set aside by the Bombay High Court, which directed a fresh decision. The assessee's counsel argued that this made the Revenue's current appeal infructuous.

What were the issues?

Whether an appeal filed by the Revenue becomes infructuous when the assessee's prior appeal to the Tribunal has been set aside by the High Court with a direction for a fresh decision.

Which sections of the Income-tax Act were involved?

Section 254(1),Section 253

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH “ E”, MUMBAI

Before: SHRI B.R. BASKARAN & SHRI PAWAN SINGH

For Respondent: DR Assessee by :

Hearing: 31.01.2017Pronounced: 01.02.2017

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-

03.2.

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.

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