Ita/134/2016 Of Principal Commissioner Of Income Tax Ii v. M/S Sundarlal Moolchand Jain Tobacconist Pvt. Ltd

HIGH COURT OF MADHYA PRADESHBENCH AT INDORE.I.T.A.No.134/2016 (Pr. Commissioner of Income Tax-II V/s. M/s. SundarlalMoolchand Jain) 2 Indore, Dt.16.04.2018 Ms. Veena Mandlik, learned counsel for the appellant. In this appeal the appellant/Department of Revenue haschallenged the order dated 02.05.2016 passed in ITANo.106/Ind/2016 and ITA No.107/Ind/2016, by which learnedTribunal remanded the matter to the Assessing Officer to verifywhether undervalued stock available with the assessees were soldduring the year under consideration and sale proceeds have beenrecorded in the books of account. In pursuance to the direction made by the Income TaxAppellate Tribunal, Indore, we granted time to the learned counselto verify whether the matter is still pending before the AssessingOfficer or not? Today she has drawn our attention to the order passed bythe Assessing Officer on 05.05.2017 and submitted that the matterhas been decided by the Assistant Commissioner of Income Tax,Circle-5(1), Indore. Considering the fact that reassessment has been completed,no further order in the present Appeal is required. In view of theaforesaid, the present Appeal is rendered infructuous. Accordingly,the same is hereby dismissed as rendered infructuous. C.C. as per rules. (P.K. Jaiswal) Judge ns (S.K.Awasthi) Judge Digitally signed by Neeraj Sarvate Date: 2018.04.17 11:41:12 +05'30'