ACIT, CHENNAI V. M/s. Neyveli Lignite Corporation Ltd., Neyveli

MA 46/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6364 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-05-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 13-05-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 29-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SAROJ KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH C : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] M.P.NO.46/MDS/2011 [ARISING OUT OF I .T.A NO. 529/MDS/2006] ASSESSMENT YEAR : 2002-03 THE DY. CIT LARGE TAXPAYER UNIT CHENNAI VS M/S NEYVELI LIGNITE CORPORATION LTD CORPORATE OFFICE NEYVELI 607 801 CUDDALORE DISTRICT (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SHAJI P JACOB RESPONDENT BY : SHRI SAROJ KUMAR O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THROUGH THIS MISCELLANEOUS PETITION, T HE REVENUE HAS PRAYED FOR RECALL OF THE TRIBUNAL ORDER DATED 4.3.2008 PAS SED IN I.T.A.NO 529/MDS/2006, FOR ASSESSMENT YEAR 2002-03. 2. IN FACT, THE APPEAL OF THE REVENUE WAS DISMIS SED FOR WANT OF REQUISITE APPROVAL OF THE COMMITTEE ON DISPUTES (COD) FOR PURSUING ITS APPEAL IN VIEW OF THE DECISION OF THE HON'BLE A PEX COURT IN THE CASE OF ONGC VS COLLECTOR OF CENTRAL EXCISE 1991 (SUPPL) SCC 432. WHILE SO DISMISSING THE APPEAL, THE REVENUE WAS GIVEN LIBERT Y TO GET THE APPEALS REVIVED AFTER OBTAINING THIS APPROVAL. M.P 46/2011 :- 2 -: 3. NOW, THE REVENUE HAS OBTAINED COD APPROVAL FOR PURS UING THE APPEAL VIDE MINUTES DATED 23.11.2010, A COPY OF WHI CH HAS BEEN PLACED FOR OUR PERUSAL. WE HAVE SEEN THE REQUISITE APPROVAL. THE ORDER OF THE TRIBUNAL, IN I.T.A.NO.529/MDS/2006, I S THEREFORE, RECALLED TO DECIDE THE APPEAL AFRESH. THE REGISTRY IS DIREC TED TO FIX THE APPEAL FOR HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION STANDS A LLOWED ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 13. 5.2011. SD/- SD/- (ABRAHAM P GEORGE) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 13 TH MAY, 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR