ACIT, CHENNAI V. M/s. Vaishnavi Metals, CHENNAI

MA 229/CHNY/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9806 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 30-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURU BHASHYAM IRS
• Assessee Lawyers: G BASK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NO.229(MDS)/2012 IN ITA NO.1103(MDS)/2011 ASSESSMENT YEAR : 2008-09 THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE II(5), CHENNAI. VS. M/S. VAISHNAVI METALS, 116-EGMORE HIGH ROAD, CHENNAI-600 008. PAN AACPJ2630F. (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI GU RU BHASHYAM, IRS, JCIT RESPONDENT BY : SHRI G.BASK AR, ADVOCATE DATE OF HEARING : 18 TH JANUARY, 2013 DATE OF PRONOUNCEMENT : 18 TH JANUARY, 2013 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS MISCELLANEOUS PETITION IS FILED BY THE REVE NUE. IT SEEKS TO RECTIFY A MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL ON 10-8-2011, IN ITA NO.1103(MDS)/2011. THE SAID APPEAL WAS FILED BY THE ASSESSEE AND IT WAS DISPOSE D OF BY THE TRIBUNAL. NOW, IT IS THE CASE OF THE REVENUE THAT A CROSS APPEAL FILED BY THE REVENUE IS PENDING FOR DISPOSAL AND TH E SAID APPEAL - - MP 229 OF 2011 2 IN ITA NO.1382(MDS)/2011 STANDS POSTED FOR HEARING ON 23-1-2013 BEFORE THE B-BENCH OF THIS TRIBUNAL. 2. THE HONBLE SUPREME COURT IN THE CASE OF COMMISSIONER OF SALES-TAX, U.P. VS VIJAI INT. UDHYO G, 152 ITR 111, HAS HELD THAT CROSS APPEALS FILED BY OPPOSITE PARTIES HAVE TO BE DISPOSED OF THROUGH A COMMON ORDER. 3. IN THESE CIRCUMSTANCES, THE ORDER OF THE TRIBUN AL DATED 10-8-2011 PASSED IN ASSESSEES APPEAL IN ITA NO.1103(MDS)/2011 IS RECALLED. THE APPEAL IS POSTE D FOR HEARING ON 23-1-2013 ALONGWITH THE REVENUES APPEAL IN ITA NO.1382(MDS)/2011. 4. THE PETITION FILED BY THE REVENUE IS ALLOWED. ORDERS PRONOUNCED IN THE OPEN COURT AT THE TIME O F HEARING ON FRIDAY, THE 18 TH OF JANUARY, 2013 AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED, THE 18 TH JANUARY, 2013. V.A.P. PETITIONER/RESPONDENT/CIT/CIT(A) /DR/GF