Kandla Port Trust, GANDHIDHAM V. The Assistant Commissioner of Income Tax, Gandhidham Circle, GANDHIDHAM

MA 33/RJT/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7319 (ITAT-RAJKOT)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 22-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L MEENA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI T.K. SHARMA (JM) AND SHRI A.L. GEHLOT ( AM) M.A. NO.33/RJT/2011 (ARISING OUT OF I.T.A. NO.148/RJT/2009) (ASSESSMENT YEAR 2004-05) KANDLA PORT TRUST VS THE ACIT, GANDHIDHAM CIRCLE GANDHIDHAM GANDHIDHAM PAN : AAALK0046N (APPLICANT) (RESPONDENT) DATE OF HEARING : 04-11-2011 DATE OF PRONOUNCEMENT : 04-11-2011 APPLICANT BY : SHRI VIVEK CHAVDA RESPONDENT BY : SHRI SL MEENA O R D E R PER AL GEHLOT (AM) THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE SEEKS RECALL OF THE EX PARTE ORDER PASSED BY THE TRIBUNAL DATED 23-04-2009 FOR THE ASSESSMENT YEAR 2004-05 IN ITA NO.148/RJT/2009 FOR WANT OF COD APPR OVAL. 2. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE ITAT HAS DISMISSED ASSESSEES APPEAL IN LIMINE FOR WANT OF C OD APPROVAL. IT IS FURTHER SUBMITTED THAT AS PER THE LATEST JUDGMENT OF THE AP EX COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD VS UOI 332 ITR 58 (SC), THE EARLIER JUDGMENTS OF THE APEX COURT HAVE BEEN RECALLED BY H OLDING THAT THE IDEA BEHIND SETTING UP OF COD HAS OUTLIVED ITS UTILITY IN THE C HANGED SCENARIO AND HENCE, THE MA NO.33/RJT/2011 2 DIRECTIONS OF THE SUPREME COURT IN THE EARLIER CASE S REQUIRING COD APPROVAL ARE RECALLED. 3. AFTER HEARING THE LD.REPRESENTATIVES OF THE PART IES AND RESPECTFULLY FOLLOWING THE ABOVE APEX COURT JUDGMENT WE RECALL O UR ORDER DATED 23-04-2009 AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 10-01-2012. AS THIS DATE HAS BEEN PRONOUNCED IN THE OPEN COURT, NO NOTICE OF HEARING SHALL BE ISSUED TO EITHER PARTY. THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE AS M ENTIONED ABOVE. SD/- SD/- (T.K. SHARMA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 04 TH NOVEMBER, 2011 PK/- COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CIT(A)-II, RAJKOT 4. THE CIT-I, RAJKOT 5. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT