Iapl/225/2009 Of The Commissioner Of Income Tax And Another v. Poorvanchal Vidyut Vitran Nigam Ltd

Case :- INCOME TAX APPEAL No. - 225 of 2009 Appellant :- The Commissioner Of Income Tax And AnotherRespondent :- Poorvanchal Vidyut Vitran Nigam Ltd.Counsel for Appellant :- S.S.C. I.T.,Praveen KumarCounsel for Respondent :- S.K. Garg,Ashish Bansal Hon'ble Naheed Ara Moonis,J.Hon'ble Saumitra Dayal Singh,J. Heard Sri Praveen Kumar, learned counsel for the revenue and Sri Ashish Bansal, learned counsel for the assessee. Present appeal has been filed by the revenue against the order dated20.11.2008 passed by Income Tax Appellate Tribunal, Allahabad in ITATNo. 237/Alld/2007 for the A.Y. 2004-05. Earlier, arising from the original assessment order, matter reached theTribunal. Meanwhile, the said assessment order was subjected torevision proceeding under Section 263 of the Income Tax Act, 1961(hereinafter referred to as 'the Act'). Taking note of that order, the Tribunal concluded the appeal proceedingin view of the order passed under Section 263 of the Act. At that stage, the present appeal came to be filed. However, as thingsstand today, the order passed under Section 263 of the Act has alsobeen given effect to and the petitioner- assessee has been assesed totax as per returned income. In view of such facts, the issue being raised in the present appeal hasbeen rendered academic. Appeal does not merit any consideration. Dismissed.