ACIT, New Delhi V. M/s. PEC Ltd, New Delhi

MA 262/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4910 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 25-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: H K LAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI RAJPAL YADAV AND SHRI K.D.RANJAN MA NO.262/DEL/2010 (IN ITA NO.2844/DEL/2009) ASSESSMENT YEAR : 2001-02 ACIT, CIRCLE-14(1), NEW DELHI. VS. M/S PEC LTD. HANSALAYA 15 BARAKHAMBA ROAD, NEW DELHI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI H.K.LAL, SR. D.R. RESPONDENT BY : SHRI SANJAY AGGARWAL, C.A. ORDER PER K.D.RANJAN, AM: THIS MISCELLANEOUS APPLICATION BY THE REVENUE HAS B EEN DIRECTED AGAINST THE ORDER PASSED U/S 254(1) IN ITA NO.2844/ DEL/2009 DATED 31.8.2009 IN THE CASE OF M/S PEC LTD. 2. IN THIS CASE, THE APPEAL FILED BY THE REVENUE WA S DISMISSED IN LIMINE FOR WANT OF COD APPROVAL FOR PURSUING THE APPEAL BE FORE THIS TRIBUNAL AND, THEREFORE, THE REVENUE VIDE MISCELLANEOUS APPLICATI ON DATED 17.5.2010 HAS REQUESTED TO RECALL THE ORDER DATED 31.8.2009 AND D ECIDE THE ISSUE ON MERITS. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. WE HAVE GONE THROUGH COD APPROVAL DATED 17. 2.2010. WE FIND THAT COD HAS PERMITTED THE CENTRAL BOARD OF DIRECT TAXES TO PURSUE THE APPEAL 2 AGAINST ORDER OF CIT(A) IN ITA NO.32/CIT(A)-XVII/DE L/2008-09 DATED 13.3.2009 FOR ASSESSMENT YEAR 2001-02 SINCE THE REV ENUE HAS FILED COD APPROVAL, WE RECALL THE ORDER DATED 31.8.2009. ACCO RDINGLY THE APPEAL IS FIXED FOR HEARING ON 04.10.2010 FOR WHICH NO NOTICE WILL BE ISSUED. BOTH THE PARTIES WERE INFORMED IN THE OPEN COURT. THE REGIST RY IS DIRECTED ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 13.8.2010 AFTER CLOSE OF HEARING. SD/- SD/- (RAJPAL YADAV) (K.D.RANJAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 13.08.2010. PSP COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR