Commissioner Of Income Tax,Chennai v. M/S.faireley Transport India Limited,(Sab Wabco India Ltd.),Pb

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.09.2018 CORAM: THE HON'BLE MR. JUSTICE T.S.SIVAGNANAMandTHE HON'BLE MRS. JUSTICE BHAVANI SUBBAROYAN T.C.(A).No.1108 of 2008 Commissioner of Income Tax,Chennai .. Appellant Vs M/s.Faireley Transport India Limited,(Sab Wabco India Ltd.),PB No.31, Haritha,Hosur-635 109. .. Respondent Prayer : Tax Case (Appeal) is filed under Section 260A of the Income Tax Act, 1961, against theorder of the Income Tax Appellate Tribunal, Madras 'D' Bench, dated 08.02.2008 passed in ITANo.1380/Mds/2005, Assessment year 2001-02. For Appellant : Mr.S.RajeshFor Respondent : Mr.R.Venkatanarayanan JUDGMENT(Judgment of the Court was delivered byT.S.SIVAGNANAM, J.) This appeal filed by the Revenue is directed against the order passed by the Income Tax AppellateTribunal in ITA No.1380/Mds/2005, dated 08.02.2008. This appeal has been admitted vide orderdated 06.08.2008 on the following substantial question of law:- �Whether on the facts and circumstances of the case, the Tribunal was right in directing theassessing officer to follow the case of Ignifluid boilers reported in 283 ITR 295 when no particularswere available on the record about the nature of the claim of the assessee?� 2. Learned counsel for the respondent/revenue would submit that the impugned order passed by theTribunal is an order of remand and during the pendency of this appeal, the direction given by theTribunal was complied with and the Assessing Officer had taken up the matter for freshconsideration and the assessment order dated 31.12.2008 has been passed under Section 143(3)read with Section 252 of the Income Tax Act, 1961, and the assessee is adjudicating the matter further. 3. In the light of the subsequent development, the present appeal filed by the assessee does not anylonger survive for consideration as the Tribunal has worked itself out. Accordingly, the Tax Case(Appeal) stands disposed of. No Costs. (T.S.S.,J) (V.B.S.,J)05.09.2018 rkm Index:yes/no To Commissioner of Income Tax,Chennai T.S.SIVAGNANAM, J.ANDV.BHAVANI SUBBAROYAN, J. rkm T.C.(A).No1108 of 2008