Pyramid Finance Limited v. Asst. Commissioner Of Income

mukund 1 txa23.11 dt.11 -10-2018 IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO.23 OF 2011 Pyramid Finance Limited.…(now known as Pyramid Finance Pvt. Ltd.Appellant. VersusAsst. Commissioner of Income & anr. Tax Circle-2, …. Respondents Mr. A.F.Diniz, Advocate for the Appellant. Ms. Amira Razaq, Standing Counsel for Respondent Nos.1 & 2. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 11 October 2018. P.C. : Heard the learned counsel for the parties. 2. The learned counsel for the Appellant points out that theAppellant-Assessee has challenged the order dated 23 March 2010passed by the Commissioner of Income Tax under Section 263 of theIncome Tax Act, 1961 before the Income Tax Appellate Tribunal,Panaji Bench. The Commissioner had remanded the proceedings tothe Assessing Officer, which order was challenged before the Income mukund mukund 2 txa23.11 dt.11 -10-2018Tax Appellate Tribunal by the Appellant and the Tribunal, by theimpugned order dated 23 March 2018 had dismissed the Appeal.Against the said order, the Appeal was admitted on 12 December2011. The learned counsel for the Appellant has placed on record theorders passed by the Commissioner of Income Tax (Appeals) and theIncome Tax Appellate Tribunal. He states that pursuant to theremand, the Commissioner of the Income Tax has decided the issueby order dated 14 August 2014 and the Tribunal has dismissed theAppeal of the Revenue by an order dated 12 August 2015. The learnedcounsel for the Appellant submits that in view of this position, thepresent Appeal does not survive. The Appeal is accordingly disposedof. We make it clear that we have not examined the correctness ofeither of these orders and rival contentions on these orders are keptopen. Prithviraj K. Chavan, J.N.M. Jamdar, J.