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

MA 419/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7399 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2003-2004
• Appeal Filed On: 04-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V V SHASTRI
• Assessee Lawyers: ISMAIL DHANKOT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH: MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCONTANT MEMBER MA NO.419/MUM/2011 ARISING OUT OF ITA NO.3236/M/2008, 2003-04 DY. COMMISSIONER OF INCOME TAX 3(2), ROOM NO.608/674, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI -400 020 ....... APPLICANT VS M/S. MANGALORE REFINERY & PETROCHEMICALS LTD., ARCADIA, 195, NCPA MARG, NARIMAN POINT, MUMBAI -400 021 ..... RESPONDENT PAN: AAACM 5132 A APPLICANT BY: SHRI V.V. SHASTRI RESPONDENT BY: SHRI ISMAIL DHANKOT DATE OF HEARING: 18.11.2011 DATE OF PRONOUNCEMENT: 16.12.2011 O R D E R PER R.S. PADVEKAR, JM: THIS MISC. APPLICATION IS FILED BY THE REVENUE U/S. 254(2) OF THE ACT STATING THAT THE REVENUE HAD FILED THE APPEAL B EING ITA NO.3236/MUM/2008; CHALLENGING THE IMPUGNED ORDER OF THE LD. CIT (A)-III MUMBAI DATED 12.03.2008 FOR THE A.Y. 2003-0 4. THE REVENUES APPEAL WAS DISMISSED ON THE REASON THAT THE REVENUE COULD NOT PRODUCE THE CLEARANCE FROM THE COD. 2. WE HAVE HEARD THE PARTIES. WE FIND THAT THE REV ENUES APPEAL WAS DISMISSED FOR THE WANT OF THE COD APPROVAL. NO W, THE HONBLE SUPREME COURT HAS RECALLED ALL EARLIER DIRECTIONS F OR PRIOR APPROVAL OF THE COD AS A CONDITION BEFORE FILING THE CASE IN TH E TRIBUNAL OR COURTS, BY THE JUDGMENT IN THE CASE OF ELECTRONIC C ORPORATION OF INDIA MA 419/MUM/2011 M/S. MANGALORE REFINERY & PETROCHEMICALS LTD. 2 LTD. (CIVIL APPEAL NO.1883 OF 2011) AND COD CLEARAN CE IS NO MORE REQUIRED. WE, ACCORDINGLY RECALL OUR ORDER DATED 3 0.11.2009 AND RESTORE THE APPEAL TO THE FILE OF THE TRIBUNAL TO D ISPOSE OFF THE SAME ON MERIT. THE APPEAL BEING ITA NO.3236/MUM/2008 IS FI XED FOR HEARING ON 16.01.2012 AND NO SEPARATE NOTICE OF HEARING WIL L BE ISSUED TO THE PARTIES AS THE SAME IS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES. 4. IN THE RESULT, M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16TH DECEMBE R, 2011. SD/- SD/- ( B. RAMAKOTAIAH ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 16TH DECEMBER, 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)CENTRAL-III, MUMBAI, 4) THE CIT- III, MUMBAI. 5) THE D.R. I BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN MA 419/MUM/2011 M/S. MANGALORE REFINERY & PETROCHEMICALS LTD. 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 18.11.2011 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 14.12.2011 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER