M/s Mishra Dhatu Nigam Ltd., Hyderabad V. ACIT, Hyderabad

ITA 401/HYD/2008

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6012 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-03-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 10-03-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T VENKAT REDDY
• Assessee Lawyers: KUTUMBA RAO MANAGE R

Judgement Text

IN THE INCOME TX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMEBR ITA NO.401/HYD/08 : ASSTT . YEAR 2004-05 M/S. MISHRA DHATU NIGAM LTD., HYDERABAD ( PAN AABCM 6345 A ) V/S. ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE 16(2) HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO.381/HYD/08 : ASSTT . YEAR 2004-05 DY. COMMISSIONER OF INCOME- TAX, CIRCLE 16(2) HYDERABAD. V/S. M/S. MISHRA DHATU NIGAM LTD., HYDERABAD ( PAN AABCM 6345 A ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI KUTUMBA RAO, MANAGE R RESPONDENT BY : SHRI T.VENKAT REDDY O R D E R PER BENCH: THESE ARE CROSS APPEALS FOR THE ASSESSMENT YEAR 2004-05,. THEY ARE DIRECTED AGAINST A COMMON ORDER OF THE COMMI SSIONER OF INCOME-TAX(APPEALS). 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTICE AT THE OUTSET, THAT APPROVAL OF THE COMMITTEE ON DISPUTE S HAS NOT YET BEEN RECEIVED BY THE PARTIES TO PURSUE THESE APPEALS. ASSESSEE BEING A PUBLIC SECTOR UNDERTAKING, APPROVAL OF THE COMMITTEE ON DISPUTES IS ITA NO.401/HYD/08 & ANR. M/S. MISHRA DHATU NIGAM LTD., HYD 2 MANDATORY TO PURSUE THE APPEALS. IN THIS VIEW OF THE MATTER, THESE CROSS APPEALS ARE LIABLE TO BE DISMISSED FOR WANT OF APPR OVAL FROM COD. WE, HOWEVER, HOLD THAT THE PARTIES SHALL BE AT LIBERTY TO REQUEST FOR RECALL OF THIS ORDER AND RESTORATION OF THESE APPEA LS FOR ADJUDICATION THEREOF ON MERITS, IN CASE APPROVAL OF THE COD IS RECEIV ED LATER. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AS WEL L AS THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING OF THE APPEAL ON 9.3.2010. SD/- SD/- (AKBER BASHA) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 9TH MARCH, 2010 COPY FORWARDED TO: 1. M/S. MISHRA DHATU NIGAM LTD., C/O. VENUGOPAL & CH ENOY, CHARTERED ACCOUNTANTS, 4-1-889/16/2, TILAK ROAD, HYDERA BAD 500 001. 2. DY./ASST. COMMISSIONER OF INCOME-TAX CIRCLE 16(2),, HYDERABAD. 3. COMMISSIONER OF INCOME-TAX(APPEALS) V, HYDERABAD. 4. COMMISSIONER OF INCOME-TAX IV, HYDERABAD. 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.