Itta/19/2005 Of Commissioner Of Income Tax-Ii v. M/S. Darsipudi Builders

THE HON'BLE SRI JUSTICE DILIP B.BHOSALEANDTHE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO I.T.T.A. No.19 of 2005 JUDGMENT:(per Hon'ble Sri Justice Dilip B.Bhosale) Learned counsel for the respondent at the outset invited ourattention to the order dated 15.06.2010 passed by the Commissionerof Income Tax (Appeals), Visakhapatnam, in ITA No.216/ACIT/C-3(1)/VSP/09-10, in particular, paragraph 2.3thereof and contended that the order impugned in the present appealwas subsequently (i.e. during pendency of the instant appeal) recalledby the Tribunal and the matter was remanded to the Assessing Officervide order dated 09.03.2005. He further submits that after remand, theAssessing Officer has once again raised the demand vide order dated19.04.2005. That order was also challenged by the respondent beforethe Commissioner of Income Tax (Appeals) and the appeal has beendisposed of vide order dated 15.06.2010. In the circumstances, hesubmits that the instant appeal has rendered infructuous. Having confronted with this and having perused the orderof the Commissioner of Income Tax (Appeals) dated 15.06.2010,learned counsel for the appellant could not and did not dispute thesubmissions made by the learned counsel for the respondent. In the circumstances, the appeal is disposed of as renderedinfructuous. No costs. Miscellaneous petitions pending in the appeal, if any, also standdisposed of. __________________ 19[th] January, 2015.sur Dilip B.Bhosale, J ________________________ A.Ramalingeswara Rao, J