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Jharkhand High Court

Commissioner Of Income Tax (Ce vs M/S Excell Ventures Constructi on 16 May, 2012

Author: Prakash Tatia

Bench: Chief Justice, Aparesh Kumar Singh

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        T.A. No. 42 of 2011

          Commissioner of Income Tax(Central), Patna        .....      Appellant
                                  Vrs.
          M/s Excell Ventures Construction (Pvt.) Ltd., Ranchi ...    Respondents
                                       ------
         CORAM:       HON'BLE THE CHIEF JUSTICE
                      HON'BLE MR. JUSTICE APARESH KUMAR SINGH
                               ------
         For the Appellant :     M/s Deepak Roshan
                                 Ms. Rupa Kumari
         For the Respondents.:   ---------
                               ------
                                                    Dated 16th May, 2012.

               By order dated 14.7.2011, Income Tax Appellate Tribunal, Circuit Bench,

         Ranchi accepted the miscellaneous application filed by the assessee for

         recalling of the order dated 23.12.2009 and set aside the order dated

         23.12.2009

on the ground that the judgment of the various authorities as well as the judgment of Hon'ble Supreme Court reported in 211 ITR page 11 was not considered.

Learned counsel for the appellant submits that after the order dated 14.7.2011, the Income Tax Appellate Tribunal, Ranchi has already remanded the matter to the Assessing Officer for passing appropriate order.

In view of the above reason, this appeal has become infructuous, hence, dismissed as infructuous.

(Prakash Tatia,C.J.) (Aparesh Kumar Singh, J.) Sudhir