ACIT.Co Com Cle IV (1), CHENNAI V. M/S Mainetti India Pvt Ltd, CHENNAI

MA 230/CHNY/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0203 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-04-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 07-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURU BHASHYAM JT
• Assessee Lawyers: T BANUSEKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI [BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER] M.P.NO.230/MDS/2012 [ARISING OUT OF I .T.A NO.1789/MDS/2011] ASSESSMENT YEAR : 2007-08 THE ASSTT. COMMISSIONER OF INCOME-TAX COMPANY CIRCLE IV(1) CHENNAI VS M/S MAINETTI INDIA PVT. LTD III FLOOR, FLORIDA TOWERS NO.138/30, NELSON MANICKAM ROAD CHENNAI -29 [PAN AAACM6894 M] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI GURU BHASHYAM, JT. CIT RESPONDENT BY : SHRI T. BANUSEKAR, CA DATE OF HEARING : 05-04-2013 DATE OF PRONOUNCEMENT : 10-04-2013 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS A MISCELLANEOUS PETITION FILED BY THE RE VENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 16.3.2012 IN I.T.A.NO.1 789/MDS/2011, FILED BY THE ASSESSEE, FOR ASSESSMENT YEAR 2007-08. 2. THE LD. DR SUBMITTED THAT WHILE DECIDING THE APP EAL OF THE ASSESSEE, VIDE ORDER DATED 16.3.2012, THE TRIBUNAL HAS TAKEN INTO CONSIDERATION ONLY THE TRADING ACTIVITIES OF THE A SSESSEE WHEREAS THE ASSESSEE IS ENGAGED IN MANUFACTURING ACTIVITIES AS WELL AS TRADING M.P 230/12 :- 2 -: ACTIVITIES. THE SALES TRANSACTIONS PERTAIN TO THE MANUFACTURING ACTIVITIES AND THE PURCHASE TRANSACTIONS PERTAIN TO THE TRADING ACTIVITIES. THE LD. DR PRAYED FOR RECALLING OF TH E ORDER OF THE TRIBUNAL DATED 16.3.2012 TO RECTIFY THE ABOVE MISTAKE IN THE ORDER. 3. THE LD. A.R OF THE ASSESSEE FILED A XEROX COPY OF T HE MEMORANDUM OF APPEAL FILED BY THE REVENUE AGAINST T HE ORDER OF THE TRIBUNAL DATED 16.3.2012 PASSED IN I.T.A.NO. 1789/M DS/2011 BEFORE THE HON'BLE MADRAS HIGH COURT AND SUBMITTED THAT TH E APPEAL FILED BY THE REVENUE WAS ACCEPTED BY THE HON'BLE HIGH COURT IN T.C(APPEAL) NO.277 OF 2012. HE FURTHER SUBMITTED THAT THE ALLE GED MISTAKE IN THE ORDER OF THE TRIBUNAL POINTED OUT IN THE MISCELLANE OUS PETITION HAS BEEN RAISED AS A GROUND OF APPEAL BY WAY OF GROUND NO.4 OF THE APPEAL BEFORE THE HON'BLE HIGH COURT. HE THEREFORE , SUBMITTED THAT AS THE APPEAL OF THE REVENUE WAS ACCEPTED BY THE HON'B LE MADRAS HIGH COURT, THE MISCELLANEOUS PETITION ON THE VERY SAME GROUND SHOULD BE DISMISSED. 4. IN THE REJOINDER, THE LD. DR AGREED WITH THE SUBMIS SION OF THE LD. A.R OF THE ASSESSEE. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE ISS UE ALLEGED BY THE M.P 230/12 :- 3 -: REVENUE IN THE MISCELLANEOUS PETITION HAS ALREADY B EEN RAISED BY IT IN APPEAL BEFORE THE HON'BLE MADRAS HIGH COURT WHICH I S PENDING FOR ADJUDICATION. SINCE THE HON'BLE HIGH COURT IS ALRE ADY SEIZED OF THE MATTER, IT WOULD NOT BE APPROPRIATE ON THE PART OF THE TRIBUNAL TO TINKER WITH THE ORDER WHICH IS IN APPEAL. THEREFOR E, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. 6. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON WEDNESDAY, THE 10 TH OF APRIL, 2013, AT CHENNAI SD/- SD/- (VIKAS AWASTHY) JUDICIAL MEMBER (N.S.SAINI) ACCOUNTANT MEMBER DATED: 10 TH APRIL, 2013 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR