Income Tax Appellate Tribunal - Ahmedabad
The Dcit, Central Circle-1(1)(1),, ... vs Gujarat State Fertilizers Chemicals ... on 17 May, 2018
IT(SS)A No.296/Ahd/2016
Assessment Year: 2010-11
Page 1 of 2
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD 'C' BENCH, AHMEDABAD
[Coram: Pramod Kumar AM and Mahavir Prasad JM]
IT(SS)A No.296/Ahd/2016
Assessment Year: 2010-11
Dy. Commissioner of Income Tax,
Circle - 1(1)(1), Vadodara. ....................Appellant
Vs.
Gujarat State Fertilizers Chemicals Ltd., ................Respondent
P.O. Fertilizer Nagar,
Dist. Vadodara - 391 750.
[PAN : AAACG 7996 C]
Appearances by
Vasundara Upmanyu, for the appellant
S.R. Shah for the respondent
Hearing concluded on: 16.05.2018
Order pronounced on : 17.05.2018
O R D E R
Per Pramod Kumar, AM:
1. By way of this appeal, the Assessing Officer has challenged correctness of Learned CIT(A)'s order dated 29th July 2016, in the matter of assessment under section 143(3) r.w.s 263 of the Income Tax Act 1961, for the assessment year 2010-11.
2. When this appeal was called out for hearing, Learned Counsel for the assessee invited our attention to a co-ordinate bench's decision dated 31st March 2016, which now stands approved by Hon'ble Jurisdictional High Court's judgement dated 15th March 2017, whereby the revision proceedings under section 263, consequent to which impugned assessment was framed, was quashed. Learned Counsel submits that when revision order itself stands quashed, the questions raised in this appeal are no more than academic. We are thus urged to dismiss this appeal as infructuous.
IT(SS)A No.296/Ahd/2016 Assessment Year: 2010-11 Page 2 of 2
3. Learned Departmental Representative fairly accepts the factual position so pointed out by the learned counsel. The copies of Judicial orders cited by the learned counsel were also perused by her.
4. In view of the factual position as above, as learned counsel for the assessee rightly points out, the issues raised in this appeal are purely academic and do not call for any adjudication by us. We, therefore, dismiss this appeal as infructuous.
5. In the result, the appeal is dismissed. Pronounced in the open court today on the 17th May, 2018.
Sd/- Sd/-
Mahavir Prasad Pramod Kumar
(Judicial Member) (Accountant Member)
Dated: 17 th May, 2018
PBN/*
Copies to: (1) The appellant (2) The respondent
(3) CIT (4) CIT(A)
(5) DR (6) Guard File
By order
Assistant Registrar
Income Tax Appellate Tribunal
Ahmedabad benches, Ahmedabad