ACIT, CHENNAI V. M/s. Devi Marine Food Exports Ltd., CHENNAI

MA 192/CHNY/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6567 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 03-06-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 16-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E B RENGARAJAN JR
• Assessee Lawyers: S SRIDHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH D : CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] M.P.NOS.192 & 193/MDS/2010 [IN I.T.A NOS. 836 TO 839/MDS/2008] ASSESSMENT YEARS : 1999-00 TO 2002-03 THE ACIT COMPANY CIRCLE I(4) CHENNAI VS M/S DEVI MARINE FOOD EXPORTS LTD 3/284, MUTTUKADU ROAD NEELANKARAI CHENNAI - 41 [PAN AAACD1950D] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI K.E.B RENGARAJAN, JR. STANDING COUNSEL RESPONDENT BY : SHRI S. SRIDHAR O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THESE MISCELLANEOUS PETITIONS, FILED BY THE REVEN UE, ARE IN RELATION TO TRIBUNAL ORDER DATED 18.12.2009, PASSED IN I.T.A.NOS. 836 TO 839/MDS/2008, PERTAINING TO ASSESSMENT YEARS 19 99-00 TO 2002-03. 2. IT HAS BEEN PLEADED THAT IN THE COMBINED ORDER, THE TRIBUNAL, AFTER CONSIDERING THE COMMON ISSUE IN ALL THE FOUR YEARS, THE ISSUE RELATING TO REDUCTION OF FREIGHT REBATE, AND IMPORT SUBSIDY FROM THE MP 192 & 193/10 :- 2 -: BUSINESS PROFITS FOR COMPUTING RELIEF U/S 80HHC, FO R ASSESSMENT YEARS 2001-02 AND 2002-03, HAS NOT BEEN CONSIDERED. 3. WE HAVE TREADED THROUGH THE TRIBUNAL ORDER AND HAV E FOUND THAT THE BENCH [NOT CONSTITUTED BY THE PRESENT MEMB ERS], HAS VERILY CONSIDERED THIS ISSUE IN THE ORDER SPECIFICALLY IN PARA 10. HENCE, WE DO NOT FIND ANY RECTIFIABLE MISTAKE IN THE TRIBUNAL OR DER AND THEREFORE, THE MISCELLANEOUS PETITIONS STAND DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS PETITIONS STAN D DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3.6.2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 3 RD JUNE, 2011 RD : COPY TO: 1. PETITIONER 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR