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Judgment
PER SATBEER SINGH GODARA, JUDICIAL MEMBER
This assesseee’s appeal for assessment year 1989-90, arises against the Commissioner of Income Tax (Appeals) [in short, the “CIT(A)”], involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s/appellant’s behest. it accordingly proceeded ex-parte.
It next emerges with the able assistance coming from the Revenue side that is the second round of proceedings before the tribunal in compliance of hon’ble jurisdictional high Court’s judgments dated 27.02.2015; as under:-
“Court No.-34
Case: INCOME TAX APPEAL No.373 of 2006
Appellant:-Commissioner Of Income Tax, Ghaziabad And Another
Respondent:-M/S Double "A" Farms Ltd.
Counsel for Appellant: S.C.D.Awasthi
Counsel for Respondent:- RR Agrawal, Suyash Agrawal
Hon'ble Sudhir Agarwal.J.
Hon'ble Shashi Kant. J.
1.Heard Sri Dhananjay Awasthi, learned counsel for appellants and Sri Suyash Agarwal, learned counsel appearing for respondent.
2.There is only one substantial question of law which has arisen in this matter:
"Whether the ITAT is legally justified in allowing the assessee's appeal following the decision of the Hon'ble Allahabad High Court in the case of CIT Vs. Zam Zam Tanners (279 ITR 197) when there are vaious dissenting orders of the Hon'ble High Courts as noted by the ITAT itself?”
3.Learned counsel for parties fairly agree that this question has now been concluded by Apex Court vide judgment in Commissioner of Income Tax Vs. Gold Coin Health Food P. Ltd. (2008) 304 ITR 308 (SC)].
4.In view thereof, question aforesaid has to be answered in favour of revenue and against assessee.
5.In the result judgment of Tribunal cannot be sustained.
6.Appeal is allowed.
7.Judgment and order dated 03.02.2006, passed by Income Tax Appellate Tribunal, is set aside. Matter is remanded to Tribunal to consider the appeal afresh in accordance to the law and decide the same expeditiously, but not later than three months' from the date of production certified copy of this order.
Order Date:-27.2.2015
A. Verma”
That being the case, we are of the considered view is that since tribunal’s first round order allowing the assessee’s appeal already stands reversed on merits, there is nothing further to add on our part. We thus dismiss the assessee’s instant appeal is very terms.
This assessee’s appeal is dismissed.