The appeal emanates from revisional order under sec 263 which struck down by the Tribunal will not survive

Last updated: 30 December 2011

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
At the time of hearing, it was brought to our notice that this appeal emanates from a revisional order passed u/s 263 of the Act and because the revisionary proceeding itself has been struck down by the Tribunal vide its order dated 17.12.009, this appeal will not survive. A copy of the Tribunal’s order which is passed in I.T.A.No. 857/Mds/2009 has been placed on record for our perusal. After going through this order, we are satisfied that the order which resulted in passing the assessment order from which this appeal is stemmed-up will have no legs to stand as the consequential assessment made has become nonexistent. Accordingly, this appeal of the Revenue stands dismissed as having become infructuous.

Citation :
The Asst. Commissioner of Income-tax Company Circle II(4)Chennai(Appellant)Vs M/s L&T Western India Toll Bridge Ltd Mount Poonamallee Road Manapakkam, P.B.No.979 Chennai 600 089 [PAN AAACL7084N ] (Respondent)