Chitra Venkataraman, J.@mdashThe present appeal relates to the Block Assessment years 1997-1998 to 2002-2003 and part of 2003-2004 filed at the instance of the Revenue raising the following questions of law:
1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in dismissing the appeal of the Department on the ground that the learned Single Judge had already held that block assessment was barred by limitation against which Writ Appeal was already filed and was pending?
2. Whether on the facts and in the circumstances of the case, the Tribunal was right in not considering the fact that W.A. No. 874 of 2011 was admitted and in M.P. No. 1 of 2011 by an order dated 23.06.2011 the First Bench of the Madras High Court had stayed the order of the learned Single Judge passed in W.P. No. 25078 of 2005?
3. Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal ought to have disposed off of the appeal filed by the Revenue on merits especially when Writ Appeal had been preferred against the learned Single Judge order?
In respect of the very same assessee by order dated 24.09.2013 in W.A. No. 874 of 2011, this Court had already considered the Revenue''s appeal, as against the order passed by the learned Single Judge in allowing the writ petition by observing that the block assessment was not barred by limitation and hence within jurisdiction. Thus this Court allowed the Writ Appeal.
2. The present appeal arises out of the consequential assessment orders passed and thereafter further appeal wherein Income Tax Appellate Tribunal cancelled the block assessment as time barred.
3. Considering the fact that we have already allowed the Revenue''s Appeal in W.A. No. 874 of 2011 dated 24.09.2013, the order passed by the Income Tax Appellate Tribunal has to be set aside and the matter is restored back to the file of the Tribunal for the purpose of considering the case of the assessee on merits other than the question of limitation.
4. In the circumstances, while allowing the Tax Case (Appeal), we set aside the order passed by the Income Tax Appellate Tribunal and remit the matter back to the file of the Tribunal for its consideration on merits other than the point of limitation. With the above direction, this Tax Case (Appeal) is disposed of. No costs.
