M/S Y Brant Technologies Private ... vs Department Of Income Tax

Dy. Commissioner of Income- V/s. M/s. Y brant Technologies Pvt. Ltd., tax, Circle 3(3), Hyderabad (Presently Y brant Digital Limited), Hyderabad 500 034. (PAN - AAACU 4079 Q) (Appellant) (Respondent)

Appellant by : Shri Rajat Mitra

Respondent by : Shri P. Murali Mohan Rao Date of Hearing 11.02.2015 Date of Pronouncement 13.02.2015

ORDER

Per P.M.Jagtap, Accountant Member:

This appeal preferred by the Revenue is directed against the order of learned Commissioner of Income-tax(Appeals)- IV, Hyderabad dated 16.10.2012.

2. We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that this appeal is arising from the order passed by the Assessing Officer under S.143(3) in pursuance of the order passed by the learned Commissioner of Income-tax III, Hyderabad under S.263 on 31.3.2011. The learned CIT(A) by the impugned order allowed the appeal of the assessee observing that the assessment order passed in pursuance of the order of the learned Commissioner of Income- tax passed under S.263 no longer survives, since the order under S.263 has been cancelled by the Tribunal, vide its order dated 25.5.2012 passed in ITA No.2227/Hyd/2011. In view of the fact that the order under S.263 has been cancelled by the Tribunal, all 2 ITA No. 10/Hyd/2013 M/s. Y brant Technologies Pvt. Ltd., (Presently Y brant Digital Limited), Hyderabad 500 034.

the subsequent proceedings originated from the order passed by the learned Commissioner of Income-tax under S.263 including the assessment order made by the Assessing Officer u/s. 143(3) read with S.263, as rightly held by the CIT(A), have become non-est in the eye of law. We, therefore, find no infirmity in the impugned order of the learned CIT(A). We accordingly uphold the same and reject the grounds of the Revenue in this appeal.

3. In the result, appeal of the Revenue is dismissed.

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Order pronounced in the court on 13th February, 2015.

Sd/- Sd/- (Saktijit Dey) (P.M.Jagtap) Judicial Member Accountant Member

Dt/- 13th February, 2015

Copy forwarded to:

1. M/s. Y brant Technologies Pvt. Ltd., (Presently Y brant Digital Limited), 7A, MLA Colony, Road No.12, Banjara Hills, Hyderabad 500 034.

2. Dy. Commissioner of Income-tax Circle 3(3), Hyderabad

3. Commissioner of Income-tax(Appeals) IV Hyderabad

4. Commissioner of Income-tax III, Hyderabad

5. Departmental Representative, ITAT, Hyderabad. B.V.S