ASST CIT (LT), V. INDUSTRIAL DEVELOPEMTN BANK OF INDIA LTD,

MA 396/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0061 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-02-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2002-2003
• Appeal Filed On: 20-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C KARTHIKEYAN NAIR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI SANJAY ARORA (ACCOUNTANT MEMBER) M.ANO.396/M/2012 (ARISING OUT OF ITA NO.4539/MUM/2008) ASSESSMENT YEAR: 2002-03 ACIT, LARGE TAX PAYER UNIT, CENTRAL-1, 28 TH FLOOR, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI-0005 M/S. INDUSTRIAL DEVELOPMENT OF BANK OF INDIA, IDBI TOWER, 3 RD FLOOR, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI-400 005 PA NO.AAACI 1105 R (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI MOHIT JAIN RESPONDENT BY: SHRI C.KARTHIKEYAN NAIR DATE OF HEARING: 01.2.2013 DATE OF PRONOUNCEMENT: 01 .2.2013 ORDER PER B.R.MITTAL, JM: THE DEPARTMENT HAS FILED THIS MISCELLANEOUS APPLICA TION PRAYING TO RECALL THE ORDER PASSED BY THE ITAT DATED 15.7.2009 IN I.T.A. NO.4539/M/2008. 2. IN THE APPLICATION, DEPARTMENT HAS STATED THAT T HE TRIBUNAL HAS STATED IN THE ABOVE ORDER THAT APPEAL OF THE DEPARTMENT IS DISMIS SED FOR WANT OF COD APPROVAL WITH LIBERTY TO THE DEPARTMENT TO RECALL THE ORDER IN TH E EVENT OF COD GRANTING PERMISSION TO DEPARTMENT TO PURSUE THE APPEAL. IT IS STATED THAT IN VIEW OF THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD IN CIVIL APPEAL NO.1883/2011 DT.17.2.2011, THE COD CLEARANCE IS NO LONGER REQUIRED TO PURSUE THE APPEAL BEFORE THE TRIBUNAL. M.ANO.396/M/2012 (ARISING OUT OF ITA NO.4539/MUM/2008) ASSESSMENT YEAR: 2002-03 2 3. DURING THE COURSE OF HEARING, LD D.R. REITERATED ABOVE FACTS AND SUBMITTED THAT THE TRIBUNAL MAY RECALL ABOVE ORDER DATED 15.7.2009 . 4. HOWEVER, LD REPRESENTATIVE OF ASSESSEE SUBMITTE D THAT THE COD IN ITS MEETING ON 30.11.2010 DECLINED TO PERMIT THE DEPARTMENT TO AGITATE THE MATTER IN APPEAL BEFORE THE TRIBUNAL. HE SUBMITTED THAT SAID DENIAL WAS MA DE BEFORE THE HONBLE APEX COURT REVIEWED ITS EARLIER ORDER TO RESTRICT THE COD CLEA RANCE FOR FILING OF APPEAL WAS REMOVED. HE SUBMITTED THAT IN VIEW OF ABOVE, APPLICATION OF THE DEPARTMENT SHOULD BE DISMISSED. 5. ON CONSIDERATION OF ABOVE FACTS AND SUBMISSIONS OF LD REPRESENTATIVES OF PARTIES, WE FIND MERIT IN THE SUBMISSION OF LD REPRESENTATIV E OF ASSESSEE. ON PERUSAL OF THE MINUTES OF MEETING OF THE COD, COPY PLACED ON RECOR D, WE OBSERVE THAT VIDE ITEMNO.42, THE COD DECLINED TO PERMIT THE CBDT TO AGITATE THE MATTER BEFORE THE TRIBUNAL AND, ACCORDINGLY, DEPARTMENT COULD NOT GET ANY BENEFIT O F THE SUBSEQUENT ORDER DATED 17.2.2011 PASSED BY THE HONBLE SUPREME COURT. HEN CE, WE HOLD THAT THERE IS NO CASE TO RECALL OUR ORDER DATED 15.7.2009. WE ACCORDINGL Y REJECT THE MISC. APPLICATION FILED BY THE DEPARTMENT. 6. IN THE RESULT, MISC. APPLICATION FILED BY DEPART MENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF PARTIES AFTER THE HEARING WAS CONCLUDED ON 1 ST FEBRUARY, 2013 SD/- (SANJAY ARORA ) ACCOUNTANT MEMBER SD/- (B.R. MITTAL) JUDICIAL MEMBER MUMBAI, DATED 1 ST FEBRUARY, 2013 PARIDA M.ANO.396/M/2012 (ARISING OUT OF ITA NO.4539/MUM/2008) ASSESSMENT YEAR: 2002-03 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),, MUMBAI 4. COMMISSIONER OF INCOME TAX, , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH I MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI