Itta/15/2002 Of Commissioner Of Income Tax Mumbai v. Sri Neeraj Rawal Mumbai

HON'BLE SRI JUSTICE G.CHANDRAIAH&HON’BLE SRI JUSTICE CHALLA KODANDA RAMI.T.T.A. No. 15 of 2002 JUDGMENT:- (per Hon’ble Sri Justice Challa Kodanda Ram) This Appeal arising out of the order dated12.03.1999 of the Income Tax Appellate Tribunal, Bench“ B ” , Hyderabad in I.T.A.No. 1601/Hyd/1995 for theassessment year 1992-93, is at the instance of theRevenue. The following question of law is raised for theopinion of this Court. i)Whether on the facts and in the circumstances of thecase, the Income-tax Appellate Tribunal is correct inallowing the appeal despite the finding that the revisedreturn filed is beyond the period of limitation prescribedunder the Act? When the matter is taken up for hearing, the learnedCounsel for the Revenue has fairly conceded that withrespect to the assessee’s own case in identicalcircumstances in I.T.T.A.No. 54 of 2001, this Court, byjudgment dated 21.11.2013, answered the question infavour of the assessee and submits that this appeal maybe disposed of in terms thereof. Following the judgment dated 21.11.2013 inI.T.T.A.No. 54 of 2001, the question of law raised in thepresent appeal is answered in favour of the assessee andagainst the Revenue. Accordingly, the appeal is disposed of. No order as to costs. A copy of the judgment dated 21.11.2013 passed bythis Court in I.T.T.A.No. 54 of 2001 be tagged on with thisorder. As a sequel to the disposal of the Appeal,Miscellaneous Petitions, if any pending, shall standdisposed of as infructuous. _________________ G. CHANDRAIAH, J 11.02.2014 bcj _______________________ CHALLA KODANDA RAM, J