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

MA 420/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7287 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-10-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2004-2005
• Appeal Filed On: 04-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T T JACOB
• Assessee Lawyers: ISMAIL DHANKOT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AN D SHRI V. DURGA RAO, JUDICIAL MEMBER M.A. NO.420/MUM./2011 (ARISING OUT OF ITA NO. 6835/MUM./2008 ) (ASSESSMENT YEAR : 2004-05 ) DY. COMMISSIONER OF INCOME TAX-3(2) AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 .. APPELLANT V/S M/S. MANGALORE REFINERY & PETROCHEMICALS LTD. ARCADIA, 195, NCPA MARG NARIMAN POINT, MUMBAI 400 021 PAN AAACM5132A .... RESPONDENT REVENUE BY : MR. T.T. JACOB ASSESSEE BY : MR. ISMAIL DHANKOT DATE OF HEARING 14.10.2011 DATE OF ORDER 21.10.2011 O R D E R PER J. SUDHAKAR REDDY, A.M. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSE SSEE SEEKS RECALL OF IMPUGNED ORDER DATED 13 TH AUGUST 2010, PASSED BY THE TRIBUNAL F BENCH IN ITA NO.6835/MUM./2008 AND C.O. NO.105/MUM./2009, FO R ASSESSMENT YEAR 2004-05, WHEREIN THE TRIBUNAL HAS DISMISSED THE REV ENUES APPEAL ON THE GROUND THAT THE COD PERMISSION HAS NOT BEEN OBTAINE D BY THE ASSESSEE. M/S. MANGALORE REFINERY & PETROCHEMICALS LTD. M.A NO. 420/MUM./2011 2 2. AFTER HEARING THE RIVAL CONTENTIONS, WE ARE INCLINE D TO ACCEPT THE ARGUMENTS OF THE REVENUE AND RECALL OUR ORDER DATED 13 TH AUGUST 2010, FOR THE REASON THAT THE HON'BLE SUPREME COURT IN ELECTR ONIC CORPORATION OF INDIA LTD., CIVIL APPEAL NO.1883 OF 2011, HAS HELD THAT C OD CLEARANCE WAS NO LONGER REQUIRED FOR FILING THE APPEAL BEFORE THE TR IBUNAL. CONSEQUENTLY, WE RECALL OUR ORDER DATED 13 TH AUGUST 2010 PASSED IN REVENUES APPEAL IN ITA NO.6835/MUM./2008 AS WELL AS IN ASSESSEES C.O NO.1 05/MUM./2009, FOR DECIDING THE ISSUE ON MERIT. REGISTRY IS DIRECTED T O FIX THE APPEAL AS WELL AS CROSS OBJECTION IN DUE COURSE. 3. IN THE RESULT, REVENUES M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER 2011 SD/- V. DURGA RAO JUDICIAL MEMBER SD/- J. SUDHAKAR REDDY ACCOUNTANT MEMBER MUMBAI, DATED: 21 ST OCTOBER 2011 COPY TO : (1) THE ASSESSEE; (2) THE RESPONDENT; (3) THE CIT(A), MUMBAI, CONCERNED; (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, F BENCH, ITAT, MUMBAI. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY ASSISTANT REGISTRAR SR. PRIVATE SECRETARY ITAT, MUMBAI BENCHES, MUMBAI