The ACIT, Bhopal V. M/s. NHDC Ltd., Bhopal

MA 27/IND/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6972 (ITAT-INDORE)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 27-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARUN DEWAN

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NO. 27/IND/2011 ARISING OUT OF ITA NOS. 229 AND 230/IND/2010 ASSTT. COMMISSIONER OF INCOME TAX 2(1), BHOPAL . APPELLANT VS. NHDC LIMITED BHOPAL . RESPONDENT DATE OF HEARING : 16.9.9.2011 DATE OF PRONOUNCEMENT : 16.9.2011 APPELLANT BY SHRI ARUN DEWAN RESPONDENT BY SHRI HITESH CHIMNANI ORDER PER JOGINDER SINGH, JUDICIAL MEMBER BY THE PRESENT APPLICATION U/S 254(2) OF THE INCOM E TAX ACT, 1961, THE REVENUE SEEKS TO RECALL THE ORDER OF THE TRIBUN AL DATED 24.11.2010 DECEMBER, 2010 ON THE GROUND THAT THE TRIBUNAL BY F OLLOWING THE DECISION IN THE CASE OF NATIONAL TEXTILE CORPORATIO N LIMITED WHEREIN IN THE ABSENCE CLEARANCE FROM COD, THE APPEAL WAS DISM ISSED, THE SAID DECISION NO MORE SURVIVES AND IN VIEW OF LATER DECI SION IN THE CASE OF ELECTRONIC CORPORATION OF INDIA VS. UNION OF INDIA (CIVIL APPEAL NO. 1883 2 OF 2011), THE EARLIER ORDER HAS BEEN RECALLED BY TH E HONBLE SUPREME COURT, CONSEQUENTLY, IT WAS PLEADED THAT THE IMPUGN ED ORDER MAY BE RECALLED. THE ASSERTION OF THE REVENUE WAS NOT CON TROVERTED BY THE LD. COUNSEL FOR THE ASSESSEE BEING FACTUALLY CORRECT. 2. IN VIEW OF THE ABOVE AND THE LATER DECISION FROM THE HONBLE APEX COURT DATED 17.2.2011 IN THE CASE OF ELECTRONIC COR PORATION OF INDIA V. UNION OF INDIA AND OTHERS (SUPRA), WE RECALL OUR OR DER DATED 24.11.2010 AND DIRECT THE REGISTRY TO FIX THE APPEALS OF THE R EVENUE ON 20.10.2011 FOR HEARING. SINCE THE NEXT DATE OF HEARING I.E. 20 .10.2011 WAS PRONOUNCED IN THE OPEN COURT, THEREFORE, NO SEPARAT E NOTICE FOR HEARING WILL BE SENT BY THE REGISTRY OF THE TRIBUNAL. BOTH THE PARTIES ARE, THEREFORE, DIRECTED TO REMAIN PRESENT ON THE NEXT D ATE OF HEARING. FINALLY, THE MISCELLANEOUS APPLICATION OF THE REVE NUE IS ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRES ENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES AT THE CO NCLUSION OF HEARING ON 16.9.2011. SD SD (R.C. SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16.9.2011 COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR 3