D.C.I.T.CIRCLE-3(3), MUMBAI V. M/S. STOCK HOLDINGS CORPORATION OF INDIA LTD., MUMBAI

ITA 6556/MUM/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1633 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 11-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: AKARAM KHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI V D RAO, JUDICIAL MEMBER ITA NO 6556/MUM/2008 (ASSESSMENT YEAR: 2005-06) DCIT CIRCLE -3(3) , ROOM NO 609, 6 TH FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI -400 020 VS STOCK HOLDINGS CORPORATION OF INDIA LTD , 224, MITTAL COURT, B WING, 2 ND FLOOR, NARIMAN POINT, MUMBAI -400 021 PAN: AABCS 1429 B APPELLANT RESPONDENT APPELLANT BY: SHRI S S RANA RESPONDENT BY: SHRI AKARAM KHAN ORDER PER PRAMOD KUMAR 1. BY WAY OF THIS APPEAL, THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER DATED 31 ST JANUARY 2008 BY THE CIT (A), FOR THE ASSESSMENT YE AR 2005-06. 2. WE HAVE HEARD THE PARTIES. THE COMMITTEE ON DI SPUTES (COD) APPROVAL HAS NOT BEEN RECEIVED THOUGH THE APPEAL WAS FILED ON 10 .1.2008. IN VIEW OF THE ABOVE FACTS FOLLOWING THE DECISION OF THE HONBLE APEX CO URT IN THE CASE OF ONGC VS CONTROLLER OF CENTRAL EXCISE (1992) SUPPLEMENTARY ( II) SSC 432 WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF COD APPROVAL. IN CASE THE COD APPROVA L IS RECEIVED IN FUTURE, THE ASSESSEE MAY APPROACH TH E TRIBUNAL FOR RESTORATION OF THIS APPEAL. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 28TH OCT OBER 2009. SD/- (V D RAO) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATE: 28TH OCTOBER 2009 ITA 1243/M/2008 SAMARTHA DEVELOPMENT CORPORATION 2 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-XXXII, MUMBAI. 4) THE CIT -3, MUMBAI. 5) THE D.R. E BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 1243/M/2008 SAMARTHA DEVELOPMENT CORPORATION 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 27.10.09 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 28.10.09 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER