M/S.raj.spinning & Weaving v. The Dy.c.i.t. Mills Ltd. Bhilwara Udaipur

D.B. INCOME TAX APPEAL NO. 92/2001. M/s.RAJ.SPINNING & WEAVING VS. THE DY.C.I.T. MILLSLTD. BHILWARA UDAIPUR DATE OF ORDER:21.07.2005. HON'BLE MR. RAJESH BALIA, J.HON'BLE MR. R.S. CHAUHAN, J. Mr. Anjay Kothari for the appellant.Mr. K.K. Bissa for the respondents. The Income Tax Appellate Tribunal hassubmitted the statement of case and referred the followingtwo questions of law arising from its appellate order dated10.1.1995 in I.T.A No. 1047/JP/94 relating to assessmentyear 1990-91: Q.NO.1 Whether on facts and in thecircumstances of the case and in law, theTribunal was justified in holding that the orderpassed by the CIT under section 263 wascorrect and thereby upholding the same? Q.No.2. Whether on the facts and in thecircumstances of the case and in law theTribunal was justified in holding that the orderpassed by the Assessing Officer was erroneousand prejudicial to the interest of the Revenue? Said reference was registered as D.B.I.T.R. No. The above questions relate to validity of orderpassed by CIT under Section 263 of the I.T. Act, 1961. This appeal relates to rejection of applicationmade by the assessee for rectification of the aforesaidappellate order. The misc. application has been rejectedby the Tribunal vide its order under appeal. In view of our answer to the question about thevalidity of the order passed under Section 263 by theCommissioner in Income Tax Reference No.1/2003 infavour of assessee and against the Revenue, by holdingthat the order of the Tribunal was erroneous whileconfirming the order passed under Section 263, this appealwhich relates to rejection of rectification application madeby the assessee becomes of academic importance andinfructuous and need not be decided. The appeal is accordingly dismissed as havingbecome infructuous. No costs. (R.S.CHAUHAN),J. (RAJESH BALIA),J.