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

MA 34/RJT/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9192 (ITAT-RAJKOT)
• Duration Of Justice: 11 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 07-09-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 22-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKURE GARG
• Assessee Lawyers: ANKIT PALSANIA; RAMA SHANKAR SINGH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , , , , . .. . . .. . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SRIVASTAV A, AM MA NO.34/RJT/2011 ARISING OUT OF ITA NO.178/RJT/2009. KANDLA PORT TRUST, ADMN. OFFICE BUILDING, TAGORE ROAD, GANDHIDHAM, KUTCH-370201, PAN: AAALK0046N ( ' / APPLICANT) VS. ASSISTANT COMMISSIONER OF INCOME TAX, PLOT NO.32, SECTOR-3, GANDHIDHAM ()' / RESPONDENT +, / APPLICANT BY S/SHRI ANKIT PALSANIA AND RAMA SHANKAR SINGH , / RESPONDENT BY SHRI. ANKURE GARG , / DATE OF HEARING 7.9.012 , / DATE OF PRONOUNCEMENT 7.9.2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. THIS MA FILED BY THE ASSESSEE SEEKS RECALL OF THE EXPARTE ORDER PASSED BY THE TRIB UNAL DATED 5.5.2009 FOR THE ASSESSMENT YEAR 2005-06 IN ITA NO.17 8/RJT/2009 FOR WANT OF COD APPROVAL. 2. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THA T THE ITAT HAS DISMISSED ASSESSEES APPEAL IN LIMINE FOR WANT OF COD APP ROVAL. IT IS FURTHER SUBMITTED THAT AS PER THE LATEST JUDGMENT OF T HE APEX COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD V/S UOI 332 ITR 58 (SC), THE EARLIER JUDGMENTS OF THE APEX COURT HAVE BEEN RECAL LED BY HOLDING THAT THE MA NO.34/RJT/2011 2 IDEA BEHIND SETTING UP OF COD HAS OUTLIVED ITS UTILITY IN THE CHANGED SCENARIO AND HENCE, THE DIRECTIONS OF THE SUPREME COURT IN THE EARLIER CASES 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 OU R ORDER DATED 5.5.2009 AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBE R. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 22.11.2012 . AS THIS DATE HAS BEEN PRONOUNCED IN THE OPEN COURT, NO NOTICE OF HEARING SHAL L BE ISSUED TO EITHER PARTY. THE MISCELLANEOUS APPLICATION FILED BY TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE AS MENT IONED ABOVE. SD SD ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 3/ ORDER DATE 7 TH SEPT 2012. /RAJKOT SRL , ,, , (4 (4 (4 (4 54 54 54 54 / COPY OF ORDER FORWARDED TO:- 1. ' / APPLICANT- 2. ()' / RESPONDENT- 3. : / CONCERNED CIT. 4. :- / CIT (A), 5. 4 (, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , TRUE COPY SENIOR PRIVATE SECRETARY , INCOME TAX APPELLATE TRIBUNAL, RAJKOT. MA NO.34/RJT/2011 3