Itta/735/2014 Of The Commissioner Of Income Tax-Iv v. M/S. Lumbini Constructions Ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 735 of 2014 DATE: 31.12.2014 Between:The Commissioner of Income Tax-IV,Hyderabad. … Appellant And M/s. Lumbini Constructions Ltd.,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 735 of 2014 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment andorder of the learned Tribunal dated 23.9.2011 in relation to theassessment year 2006-2007 on the following suggested questions oflaw. 1. Whether on the facts and in thecircumstances of the case, the order of the Tribunal isperverse ? 2. Whether on the facts and in thecircumstances of the case, the Tribunal is correct in law,in setting aside the order of the CIT passed underSection 263 of the Act ? The learned Tribunal, on fact, found that the provision underSection 69 of the Income Tax Act was wrongly invoked. The factfinding has not been alleged to be perverse. In that view of the matter,we do not find any element of law to be decided in this appeal. Hence, this appeal is dismissed. Consequently, pending miscellaneous petitions, if any, shallalso stand closed. No costs. _________________ K.J. SENGUPTA, CJ Date: 31stDecember, 2014pnb _________________ SANJAY KUMAR, J