ACIT CIR 6(3), V. MADAUS PHARMACEUTICALS P. LTD,

MA 128/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3782 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 24-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAGDISH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO. 128/MUM/2010 (ARISING OUT OF ITA NO. 549/MUM/2007) (ASSESSMENT YEAR: 2004-05) ACIT, CIRCLE 6(3) M/S. MADAUS PHARMACEUTICALS P. LT D. ROOM NO. 522, 5TH FLOOR BLOCK 'A', SHIVSAGAR ESTATE AAYAKAR BHAVAN, M.K. ROAD VS. DR. ANNIE BESANT ROAD, WORLI MUMBAI 400020 MUMBAI 4000018 PAN - AAACM 4479 O APPELLANT RESPONDENT APPELLANT BY: SHRI JAGDISH RESPONDENT BY: SHRI AARTI VISANJI O R D E R PER B. RAMAKOTAIAH, A.M. THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE ARISES OUT OF ITA NO. 549/MUM/2007 DATED 27 TH APRIL 2009. 2. IT WAS THE CONTENTION OF THE REVENUE THAT THE APPEA L WAS FILED BY THE REVENUE WHEREAS THE ORDER HAS MENTIONED THAT THE AP PEAL OF THE ASSESSEE IS DISMISSED. 3. WE HAVE HEARD THE LEARNED D.R. AND THE LEARNED COUN SEL. 4. AS SEEN FROM THE ORDER THERE OCCURRED A MISTAKE IN MENTIONING THE GROUNDS AS ASSESSEES GROUNDS. ACCORDINGLY, LAST SE NTENCE OF PARA 3 OF THE ORDER SHOULD BE READ AS ACCORDINGLY GROUND NO. 1 OF THE REVENUES APPEAL IN THIS REGARD IS DISMISSED. 5. AGAINST GROUND NO. 2 ALSO IT WAS MENTIONED THAT GR OUND 2 OF THE ASSESSEES APPEAL IN THIS REGARD IS DISMISSED. THIS SHOULD ALSO BE READ AS ACCORDINGLY, GROUND NO. 2 OF THE REVENUES APPEAL I N THIS REGARD IS DISMISSED. MA NO. 128/MUM/2010 M/S. MADAUS PHARMACEUTICALS P. LTD. 2 6. PARA NO. 8 SHOULD BE READ AS IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. 7. IN THE RESULT, M A IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JUNE 2010. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 25 TH JUNE 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXVI, MUMBAI 4. THE CIT VI, MUMBAI CITY 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.