DCIT 3(2), V. MANGALORE REFINERY AND PETROCHEMICALS LTD,

MA 322/MUM/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9868 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 24-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJSHREE DWIVEDY
• Assessee Lawyers: NIMESH JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE DINESH KUMAR AGARWAL, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER MA NO. : 322/MUM/2012 (ARISING OUT OF ITA NO. 1655/MUM/2008) ASSESSMENT YEAR : 2001-02 DY. COMMISSIONER OF INCOME TAX 3(2), ROOM NO. 608/674, AAYKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. M/S MANAGALORE REFINERY & PETROCHEMICALS LTD. ARCADIA, 195, NCPA MARG, NARIMAN POINT, MUMBAI 400 021. PAN NO. AAAC 10998 L (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI RAJSHREE DWIVEDY RESPONDENT BY : SHRI NIMESH JAIN DATE OF HEARING : 04.01.2013 DATE OF PRONOUNCEMENT : 04.01.2013 ORDER PER DINESH KUMAR AGARWAL, JM : THIS MISCELLANEOUS APPLICATION FILED BY THE REVENU E IS DIRECTED AGAINST THE ORDER DATED 11 TH SEPTEMBER, 2009, PASSED BY THE TRIBUNAL IN ITA NO. 1655/MUM/2008 FOR THE ASSESSMENT YEAR 2001- 02. 2. THE REVENUE VIDE ITS LETTER DATED 24.05.2012 SUB MITTED THAT COD APPROVAL HAS NOW BEEN GRANTED TO THE DEPARTMENT TO PURSUE THE APPEAL TO THE TRIBUNAL FOR THE ASSESSMENT YEAR 2001-02, THERE FORE, THE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING, THE LD. DR, SUBMITS THA T SINCE, THE APPROVAL HAS BEEN GRANTED BY THE COD, THE ORDER PASSED BY TH E TRIBUNAL BE RECALLED, WHICH WAS NOT OBJECTED TO BY THE LD. COUN SEL FOR THE ASSESSEE. MA NO. : 322/MUM/2012 M/S MANAGALORE REFINERY & PETROCHEMICALS LTD. ASSESSMENT YEAR : 2001-02 2 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FI ND THERE IS NO DISPUTE THAT THE TRIBUNAL VIDE ORDER DATED 11.09.2009 HAS N OT ADMITTED THE REVENUES APPEAL FOR WANT OF COD APPROVAL, WITH THE LIBERTY THAT THE DEPARTMENT MAY MOVE M.A. TO RECALL THE ORDER OF THE TRIBUNAL AS AND WHEN IT OBTAINS THE APPROVAL OF THE COD FOR PROSECU TING THE APPEAL. RECENTLY, THE HONBLE SUPREME COURT, IN THE CASE OF ELECTRONICS CORPORATION OF INDIA VS. UNION OF INDIA AND OTHERS (2011) 322 ITR 58 (SC) HAS HELD THAT THE EARLIER JUDGEMENT ON THE POI NT REQUIRING PERMISSION TO BE TAKEN FROM COD AS PRE CONDITION TO PROSECUTE THE APPEALS, HAVE OUTLIVED ITS UTILITY, AND IN VIEW OF THE CHANGED SCENARIO THE MECHANISM DID NOT ACHIEVE THE RESULTS FOR WHICH IT WAS CONSTITUTED AND HAS IN FACT DELAYED LITIGATION. RESPECTFULLY, FOLLO WING THE SAME AND IN KEEPING IN VIEW THAT THE DEPARTMENT HAS OBTAINED AP PROVAL FROM THE COD FOR PROSECUTING THE APPEAL; WE IN TERMS OF THE PROV ISION OF SECTION 254(2)OF THE INCOME TAX ACT 1961 RECALL THE ORDER D ATED 11.09.2009 PASSED BY THE TRIBUNAL. 5. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NO TICE ON 11.03.2013 AS ANNOUNCED IN THE OPEN COURT. ACCORDINGLY, THE MI SCELLANEOUS APPLICATION FILLED BY THE REVENUE IS ALLOWED. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 4 TH JANUARY, 2013. - SD/- (N.K. BILLAIYA) SD/- (DINESH KUMAR AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE : 4 TH JANUARY, 2013. MA NO. : 322/MUM/2012 M/S MANAGALORE REFINERY & PETROCHEMICALS LTD. ASSESSMENT YEAR : 2001-02 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, B - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI RASIKA*