Whether In case of revival of any order all the connected matters are also liable to be revived?

ACIT Vs. L&T Western India Toll Bridge Ltd  (ITAT Chennai) - It was yelled by the ld.AR that merits of the grounds taken in the cross objection should not be washed away permanently and the assessee should be given an opportunity to revive these issues as and when the proceedings, if reversed, by the higher forums. We find that this is not a genuine fear of the ld.AR. We may mention that in case of revival of any order, all the connected matters are also liable to be revived. Therefore, this fear of the ld.AR is unfounded. Accordingly, both appeal as well as the cross objection stand dismissed.

INCOME TAX APPELLATE TRIBUNAL, CHENNAI

I.T.A No. 679/Mds/2010 – (Assessment year : 2004-05 )

The Asst. Commissioner of Income-tax Vs  M/s L&T Western India Toll Bridge Ltd

C.O. No. 45/Mds/2010 – (Assessment year : 2004-05 )

M/s L&T Western India Toll Bridge Ltd  Vs  The Asst. Commissioner of Income-tax

Date of Hearing: 29-11-2011

Date of Pronouncement: 12-12-2011

O R D E R

PER HARI OM MARATHA, JUDICIAL MEMBER:

This appeal by the Revenue and the cross objection by the assessee are directed against the order of the ld. CIT(A)-III, Chennai, dated 20.2.2010.

2. At the time of hearing, it was brought to our notice that this appeal emanates from a revisional order passed u/s 263 of the Act and because the revisionary proceeding itself has been struck down by the Tribunal vide its order dated 17.12.009, this appeal will not survive. A copy of the Tribunal’s order which is passed in I.T.A.No. 857/Mds/2009 has been placed on record for our perusal. After going through this order, we are satisfied that the order which resulted in passing the assessment order from which this appeal is stemmed-up will have no legs to stand as the consequential assessment made has become nonexistent. Accordingly, this appeal of the Revenue stands dismissed as having become infructuous.

3. As a result, the cross objection which has been filed in respect of the appeal filed by the Revenue will also not survive. But, it was yelled by the ld.AR that merits of the grounds taken in the cross objection should not be washed away permanently and the assessee should be given an opportunity to revive these issues as and when the proceedings, if reversed, by the higher forums. We find that this is not a genuine fear of the ld.AR. We may mention that in case of revival of any order, all the connected matters are also liable to be revived. Therefore, this fear of the ld.AR is unfounded. Accordingly, both appeal as well as the cross objection stand dismissed.

4. In the result, the appeal of the Revenue and the cross objection of the assessee stand dismissed.

                               Order pronounced in the open court on 12.12.2011.

Related posts:

1. When Commissioner as Revisional Authority under section 263 seeks to exercise his jurisdiction on matters which did not form subject of order of reassessment, period of limitation would begin to run from original order of assessment
2. Section 263 – CIT is empowered to modify the assessment order passed by AO in case, the order is found to be erroneous and prejudicial to the interest of revenue
3. In case of under-assessment or a mistaken order, A.O. can rectify the mistake u/s 154 or make a reassessment u/s 147
4. Advance tax is payable in case of companies liable to pay tax on book profits
5. An order passed without discussion is liable for reopening