DCIT 3(2), V. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT,

MA 109/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9057 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 22-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

MA NO.109 OF 2012 NABARD MUMBAI I BENCH PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'I' BENCH, MUMBAI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO.109/MUM/2012 (ARISING OUT OF ITA NO.4591/MUM/2007) (ASSESSMENT YEAR: 2004-05) DY. COMMISSIONER OF INCOME TAX 3(2) ROOM NO.608/674, AAYAKAR BHAVAN, MK ROAD, MUMBAI 400 020 VS. NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT C-24, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400051 PAN: AAACT 4020 G (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI RAJARSHI DWIVEDY, DR ASSESSEE BY: SHRI A.M. PATEL DATE OF HEARING: 31/8/2012 DATE OF PRONOUNCEMENT: 31/8/2012 O R D E R PER B. RAMAKOTAIAH, A.M. THIS IS A MISCELLANEOUS APPLICATION BY AO SEEKING T HE RESTORATION OF THE APPEAL DISMISSED FOR WANT OF COD VIDE THE ORDER DATED 31/07/2009. 2. ASSESSEE BEING A GOVT. OF INDIA UNDERTAKING, THE AP PEAL PREFERRED BY THE REVENUE WAS DISMISSED AS THE REVEN UE COULD NOT OBTAIN A PERMISSION FROM THE COMMITTEE ON DISPUTE. HOWEVER, IN THE ORDER IT WAS MENTIONED THAT THE DEPARTMENT IS AT LI BERTY TO MOVE THE MISCELLANEOUS APPLICATION TO RECALL ITS ORDER AS AN D WHEN IT OBTAINS THE APPROVAL OF THE COD. 3. IT WAS THE SUBMISSION OF AO THAT THE HON'BLE SUPREM E COURT IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD (CIVIL APPEAL NO.1883 OF 2011) EXAMINED THE GAMUT OF COD CLEARANC E AND HELD THAT COD CLEARANCE IS NO LONGER REQUIRED FOR FILING THE APPEALS. IN MA NO.109 OF 2012 NABARD MUMBAI I BENCH PAGE 2 OF 2 VIEW OF THE ABOVE THE PRAY FOR RESTORING THE APPEAL TO BE CONSIDERED ON MERIT. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERUSIN G THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE O F ELECTRONIC CORPORATION OF INDIA LTD (CIVIL APPEAL NO.1883 OF 2 011), WE HEREBY RECALL THE ORDER DATED 31/07/2009. THE CASE IS POST ED FOR HEARING ON MERITS ON 19/11/2012 AND BOTH THE PARTIES WERE I NFORMED IN THE OPEN COURT, NO SEPARATE NOTICE WILL BE ISSUED IN TH IS REGARD. 5. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY TH E REVENUE IS CONSIDERED ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST, 2012. SD/- SD/- (I.P. BANSAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 31 ST AUGUST, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, I BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI