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

MA 35/RJT/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9191 (ITAT-RAJKOT)
• Duration Of Justice: 10 month(s) 3 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: 2003-2004
• Appeal Filed On: 04-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: RAMA SHANKAR SINGH

Judgement Text

: : IN THE INCOME TAX APPELLATE TRIBULAL: RAJKOT BENCH: RAJKOT . .. . . . . . , , , , . .. . . . . . , , , , % % % % BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SR IVASTAVA, AM MA NO.35/RJT/2011 ARISING OUT OF ITA NO.147/RJT/2009 / ASSESSMENT YEAR 2003-04 KANDLA PORT TRUST, V. ASSISTANT COMMISSIONER OF INCOME TAX, ADMN. OFFICE BUILDING, PLOT NO.32, TAGORE ROAD, GANDHIDHAM GANDHIDHAM, KUTCH-370201, PAN: AAALK0046N APPLICANT BY : S/SHRI RAMA SHANKAR SINGH & MUKUND BAKSHI DEPARTMENT BY : SHRI M K SINGH DATE OF HEARING: 07.09.2012 DATE OF PRONOUNCEMENT: 7.09.2012 / // / ORDER . .. . . . . . /D. K. SRIVASTAVA: THIS MA FILED BY THE ASSESSEE SEEKS RECALL OF THE EXPARTE ORDER PASSED BY THE TRIBUNAL DATED 23.4.2009 FOR THE ASSESSMENT YEAR 2003-04 IN ITA NO.147/RJT/2009 FOR WANT OF COD APPROVAL. 2. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATIO N 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 V/S UOI 332 I TR 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 DIRECTIONS OF THE SUPREME COURT IN THE EARLIER CASE S REQUIRING COD APPROVAL ARE RECALLED. MA NO.35/ RJT/2011 3. AFTER HEARING THE LD.REPRESENTATIVES OF THE PA RTIES AND RESPECTFULLY FOLLOWING THE ABOVE APEX COURT JUDGMENT WE RECALL O UR ORDER DATED 23.4.2009 AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER. 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 SHALL BE ISSUED TO EITH ER PARTY. THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE AS M ENTIONED ABOVE. * , 07-09-2012 * ORDER PRONOUNCED ON 07 -09-2012 SD SD ( .. / T. K. SHARMA) ( .. / D. K. SRIVASTAVA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER /RAJKOT: 7.09.2012. SRL/- * ** * /0 /0 /0 /0 10 10 10 10 / COPY OF ORDER FORWARDED TO:- 1. 4 / APPELLANT-. 2. /64 / RESPONDENT-. 3. : / CONCERNED CIT 4. :- / CIT (A). 5. 0 /, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER TRUE COPY SENIOR PRIVATE SECRETARY, ITAT, RAJKOT BENCH