Cochin Shipyard Ltd, Cochin V. ACIT, Ernakulam

MA 157/COCH/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4921 (ITAT-COCHIN)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-08-2010
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 28-01-2011
• Assessment Year: misc
• Appeal Filed On: 29-10-2009
• Court: TRIBUNAL
• Department Lawyers: DR BABU JOSEPH

Judgement Text

IN THE INCOME TAX APPELLAT E TRIBUNAL COCHIN BEN CH, COCHIN BEFORE S/SHRI T.R.SOOD, AM AND N.VIJAYAKUM ARAN, JM M.P. NO. 157/COCH/2009 (ASG OUT OF I.T.A NO.465/COCH/2005) ASSESSMENT YEAR : 1999-2000 COCHIN SHIPYARD LTD.. KOCHI-15. [PAN NO. AAACC 6905B] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIR.2(1), RANGE-2, ERNAKULAM. (ASSESSEE -APPELLANT) (REVENUE- RESPONDENT) ASSESSEE BY SHRI GOPI K. REVENUE BY DR. BABU JOSEPH, SR. DR O R D E R PER T.R.SOOD, AM: THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSE SSEE, URGING TO RECALL THE ORDER OF THE TRIBUNAL IN I.T.A. NO. 465/COCH/2005 DATED 6.9.20 07 BY WHICH THE APPEAL WAS DISMISSED ALONGWITH THE APPEALS OF THE REVENUE BECAUSE PERMIS SION OF COMMITTEE ON DISPUTES (COD) HAD NOT BEEN OBTAINED. IN FACT, PARA 3 OF THE ORDER READS AS UNDER:- WE FIND THAT THIS IS A CASE OF GOVERNMENT OWNED CO MPANY AND EITHER THE DEPARTMENT OR THE ASSESSEE HAS NOT OBTAINED THE PERMISSION OF COMMITTEE ON DISPUTES (COD) BEFORE FILING THE APPEALS OR EVEN ON THIS DATE. IN VIEW O F THIS, FOLLOWING THE DECISION OF THE APEX COURT IN THE CASE OF OIL & NATURAL GAS COMMISSION VS. COLLECTOR OF CENTRAL EXCISE REPORTED IN 104 CTR 31 (SC), WE ARE DISMISSING THE SE FOUR APPEALS, I.E., I.T.A. NOS. 462/COCH/2005 AND 371, 372 & 373/COCH/06 OF THE RE VENUE AND THE APPEAL OF THE ASSESSEE, I.E., I.T.A.NO. 465/COCH/2005, AS NOT MA INTAINABLE. IN CASE THE PARTIES SUCCEED IN PROCURING THE COD APPROVAL, THEY MAY MOVE A PET ITION TO REVIVE THEIR RESPECTIVE APPEALS FOR ADJUDICATION. 2. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE HAS FILED A COPY OF THE LETTER DATED 16.1.2008 ISSUED BY THE CABINET SECRETARIAT, GOVERNMENT OF IN DIA BY WHICH THE PERMISSION TO AGITATE THE M.P.NO.157 /COCH./2009 2 ISSUES HAS BEEN ALLOWED TO THE ASSESSEE VIDE ITEM N O. 3. HE SUBMITTED THAT BY VIRTUE OF THIS PERMISSION, THE ASSESSEES APPEAL SHOULD BE RECALLE D AND BE HEARD ON MERITS. 3. ON THE OTHER HAND, THE LD. DR INITIALLY OBJECTED TO THE RECALL OF THE ORDER BECAUSE AT THE TIME OF DISPOSING OF THE ORIGINAL APPEAL, COD PERMI SSION WAS NOT AVAILABLE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS CAREFUL LY AND WE FIND NO FORCE IN THE OBJECTION OF THE LD. DR. THE ORIGINAL ORDER OF THE TRIBUNAL IN I.T.A. 465/COCH/2005 ALONGWITH OTHER APPEALS OF THE REVENUE CLEARLY STATES IN PARA 3 WHI CH HAS BEEN REPRODUCED BY US ABOVE THAT IN CASE THE PARTIES SUCCEED IN PROCURING THE COD APPR OVAL, THEY MAY MOVE A PETITION TO REVIVE THE RESPECTIVE APPEALS. SINCE NOW THE COD OF CABINET S ECRETARIAT HAS FORMALLY GIVEN PERMISSION TO AGITATE THE ISSUES RAISED BY THE ASSESSEE AT ITEM 3 , WE ARE OF THE VIEW THAT THE ASSESSEES APPEAL IS REQUIRED TO BE RECALLED AND ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL IN I.T.A. NO. 465/COCH/2005 DATED 6.9.2007. 5. THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN RO UTINE MANNER. 6. IN THE RESULT THE MISCELLANEOUS PETITION FILED B Y THE ASSESSEE IS ALLOWED. SD/- SD/- (N.VIJAYAKUMARAN) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED : 10TH AUGUST 2010 GJ COPY TO: 1. COCHIN SHIPYARD LTD., ADMINISTRATIVE BUILDING, SHIPYARD PREMISES, M.G.ROAD, PERUMANOOR, P.O. KOCHI-682015. 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIR.2( 1), RANGE-2, ERNAKULAM. 3.THE COMMISSIONER OF INCOME-TAX(A)-II/IV, KOCHI, . 4. THE COMMISSIONER OF INCOME-TAX, KOCHI. 5,D.R./I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) M.P.NO.157 /COCH./2009 3