ACIT, CHENNAI V. M/s. Chennai Port Trust, CHENNAI

MA 101/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6528 (ITAT-CHENNAI)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 13-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Assessee Lawyers: K MEENAKSHI SUNDARAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B, CHENNAI BEFORE SHRI U.B.S. BEDI, J.M. & SHRI ABRAHAM P. GEO RGE, A.M. M.P. NO. 10 1/MDS/2011 [IN I.TA. NO. 173/MDS/2009] ASSESSMENT YEARS: 2005-06 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE VIII, CHENNAI. VS. M/S. CHENNAI PORT TRUST, RAJAJI SALAI, CHENNAI. [PAN:AAALC0025B] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI R. CLEMENT RAMESH KUMAR ASSESSEE BY : SHRI K. MEENAKSHISUNDARAM O R D E R PER U.B.S. BEDI, J.M. BY MEANS OF PRESENT MISCELLANEOUS PETITION, THE DE PARTMENT SEEKS TO GET RECALLED THE ORDER OF THE TRIBUNAL PASSED IN ITA NO . 173/MDS/2009 DATED 01.17.2009 FOR THE ASSESSMENT YEARS 2005-06 ON THE GROUND THAT SINCE THE COD APPROVAL HAS BEEN OBTAINED VIDE MINUTES OF THE MEET ING HELD ON 23.12.2010 ON REFERENCE BY CBDT AND BY FILING A COPY OF THE APPRO VAL VIDE F.NO. CIT/(JUDICIAL/ COD/2010-2011/2098 DATED 07.03.2011, THE LD. DR HAS ALSO SUBMITTED THAT THE COD APPROVAL IS NOT REQUIRED TO BE OBTAINED IN VIEW OF THE HONBLE SUPREME COURTS DECISION IN THE CASE OF ELECTRONICS CORPORA TION OF INDIA LTD. V. UNION OF INDIA AND OTHERS 332 ITR 58 AND PLEADED THAT THE OR DER MAY BE RECALLED AND APPEAL BE FIXED FOR HEARING AND TO THIS MOVE OF THE LD. DR, THE LD. COUNSEL FOR THE ASSESSEE DID NOT OBJECT. 2.. WE HAVE HEARD BOTH THE SIDES AND CONSIDERED TH E MATERIAL ON RECORD AS WELL AS COPY OF THE COD APPROVAL FILED BY THE DEPAR TMENT. SINCE THE DEPARTMENT HAS FILED THE COPY OF THE COD APPROVAL FOR FILING A PPEAL AGAINST PUBLIC SECTOR M.P. M.P. M.P. M.P. NO. NO. NO. NO.101 101101 101/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 2 UNDERTAKING AND OTHERWISE ALSO, AS PER THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF IND IA LTD. V. UNION OF INDIA AND OTHERS (SUPRA), THE COD APPROVAL IS NO MORE REQUIRE D, THEREFORE, WE RECALL OUR ORDER DATED 01.07.2009 AND FIX THE APPEAL FOR HEARI NG ON 14.09.2011, FOR WHICH NO SEPARATE NOTICE WOULD BE ISSUED AS BOTH THE SIDES H AVE WAIVED THEIR RIGHT OF NOTICE. 5. IN THE RESULT, THE MISCELLANEOUS PETITION OF TH E DEPARTMENT STANDS ALLOWED. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEAR ING ON 08.07.2011. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI, DATED, THE 08.07.2011. VM/- COPY TO : APPELLANT/RESPONDENT/CIT(A)- /CIT, /DR