JAI INTERNAITIONAL P.LTD, V. DCIT 3(2),

MA 272/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1262 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2002-2003
• Appeal Filed On: 25-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUM BAI .. , , BEFORE SHRI I.P. BANSAL, JM AND SHRI SANJAY ARORA, AM ./ M.A. NO.272/M/2013 (ARISING OUT OF ITA NO.709/M/2009) ( / ASSESSMENT YEAR: 2002-03) JAI INTERNATIONAL P. LTD. 75, MITTAL CHAMBERS, NARIMAN POINT, MUMBAI - 400 021 / VS. DY. CIT - 3(2), 6 TH FLOOR,AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 ' ./# ./PAN/GIR NO. AAACJ 7722M ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) '$ ' / APPELLANT BY : SHRI HARESH P. SHAH %&'$ ( ' / RESPONDENT BY : SHRI SURENDRA KUMAR ) * ( +, / DATE OF HEARING : 06.12.2013 -./ ( +, / DATE OF PRONOUNCEMENT : 06.12.2013 0 / O R D E R PER SANJAY ARORA, A. M.: THIS IS A MISCELLANEOUS APPLICATION BY THE ASSESSEE AGAINST THE ORDER BY THE TRIBUNAL DATE 09.09.2011, DECIDING THE ASSESSEES A PPEAL FOR ASSESSMENT YEAR (A.Y.) 2002-03. 2. THE ASSESSEE HAS NOW MOVED A MISCELLANEOUS PETIT ION QUA THE ADJUDICATION BY THE TRIBUNAL OF ITS GROUND NO.2 BEFORE IT. THE SAME HAS BEEN DECIDED AGAINST THE ASSESSEE 2 M.A.272/MUM/2013 (A.Y. 2002-03) JAI INTERNATIONAL P. LTD. V. DY. CIT FOLLOWING DECISION BY THE HONBLE JURISDICTIONAL HI GH COURT IN CASE OF CIT VS. KALPATARU COLOURS AND CHEMICALS [2010] 328 ITR 451 (BOM). THE SAID JUDGMENT HAS SI NCE BEEN REVERSED BY THE HONBLE APEX COURT PER ITS DECISION IN THE CASE OF TOPMAN EXPORTS VS. CIT [2012] 342 ITR 49 (SC). THE ORDER BY THE TRIBUNAL, THEREFORE, IS INCONSISTENT WITH THE LAW AS EXPLAINED BY THE APEX COURT, WHICH IS BINDING UN DER ARTICLE 141 OF THE CONSTITUTION OF INDIA. 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATER IAL BEFORE US. VIDE ITS DECISION IN THE CASE OF TOPMAN EXPORTS (SUPRA), THE APEX COURT HAS SINCE TAKEN A VIEW CON TRARY TO THAT EXPRESSED BY THE JURISDICTIONAL HIGH COURT IN KALPATARU COLOURS AND CHEMICALS (SUPRA), FOLLOWING WHICH THE TRIBUNAL HAD DECIDED THE ISSUE UNDER REFERENCE. THE DECISION BY THE APEX COURT IS BINDING ON ALL THE COURTS AND TRIBUNALS, EVEN AS STATED BY THE ASSESSEE PER ITS PETITION, AND THOUGH RENDERED ON FEBRUARY 8, 2012, WOULD RELATE BACK IN TIME TO THE DATE OF THE RELEVANT ENACTMENT. UNDER THE CIRCUMSTANCES, THEREFORE, WE ONLY CONSIDER IT FIT AND PROPER TO RECALL THE IMPUGNED ORDER FOR BEING HEARD ON MERITS IN RESPECT OF THE ASSESSEES GROUND NO.2. WE DECIDE ACCORDINGLY. THE DATE FOR TH E PURPOSE IS FIXED FOR 28.01.2014, AS ANNOUNCED IN THE OPEN COURT AT THE CONCLUSION OF TH E HEARING. NO SEPARATE NOTICE OF HEARING WOULD, ACCORDINGLY, BE SENT TO THE PARTIES. 4. IN THE RESULT, THE ASSESSEES MISCELLANEOUS APP LICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON DECEMBER 06, 2013 SD/- SD/- (I. P. BANSAL) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER ) * MUMBAI; 1 DATED : 06.12.2013 ../ A.K.PATEL , PS 3 M.A.272/MUM/2013 (A.Y. 2002-03) JAI INTERNATIONAL P. LTD. V. DY. CIT !' # $%&' ('% / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. ) 2+ ( ) / THE CIT(A) 4. ) 2+ / CIT CONCERNED 5. 56 %+ 7 , , 7/ , ) * / DR, ITAT, MUMBAI 6. 689 :* / GUARD FILE !' ) / BY ORDER, */)+ (DY./ASSTT. REGISTRAR) , ) * / ITAT, MUMBAI