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

MA 47/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6359 (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: A
• Next Hearing Date: 13-05-2011
• Assessment Year: 1998-1999
• 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 A : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] M.P.NOS.47 & 48/MDS/2011 [ARISING OUT OF I .T.A NOS. 981 & 982/MDS/2009] ASSESSMENT YEARS : 1998-99 & 1999-2000 THE DY. CIT LARGE TAXPAYER UNIT CHENNAI VS M/S NEYVELI LIGNITE CORPORATION LTD CORPORATE OFFICE NEYVELI 607 801 (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 THESE MISCELLANEOUS PETITIONS, THE REVENUE HAS PRAYED FOR RECALL OF THE TRIBUNAL ORDER DATED 1.9.2 009 PASSED IN I.T.A.NOS. 981 & 982/MDS/2009, FOR ASSESSMENT YEARS 1998-99 & 1999-2000. 2. IN FACT, THE APPEALS OF THE REVENUE WERE DISMI SSED 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 APPEALS, THE REVENUE WAS GIVEN LIBER TY TO GET THE APPEALS REVIVED AFTER OBTAINING THIS APPROVAL. M.P 47 & 48/2011 :- 2 -: 3. NOW, THE REVENUE HAS OBTAINED COD APPROVAL FOR PURS UING THE APPEALS VIDE MINUTES DATED 23.11.2010, A COPY OF WH ICH HAS BEEN PLACED FOR OUR PERUSAL. WE HAVE SEEN THE REQUISITE APPROVAL. THE COMMON ORDER OF THE TRIBUNAL, IN THESE CASES, IS T HEREFORE, RECALLED TO DECIDE THE APPEALS AFRESH. THE REGISTRY IS DIRECTE D TO FIX THE APPEALS FOR HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS PETITIONS STAND 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