ASST CIT LTU, V. SHIPPING CORPORATION OF INDIA LTD,

MA 474/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7844 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-02-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 16-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DINESH VYAS; MUKESH G TRIVEDI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'E' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER MA NO. 474/MUM/2011 (IN MA 52/MUM/2011) (ARISING OUT OF ITA NO. 5666/MUM/2008) (ASSESSMENT YEAR: 2004-05) ACIT - LTU M/S. SHIPPING CORPORATION OF INDIA LTD. CENTRE-1, WORLD TRADE CENTE SHIPPING HOUSE, 254 MAD AM CAMA RD. MUMBAI 400005 VS. MUMBAI 400021 PAN - AAACT 1542 F APPLICANT RESPONDENT APPLICANT BY: SHRI PAWAN VED RESPONDENT BY: SHRI MUKESH G. TRIVEDI & SHRI DINESH VYAS DATE OF HEARING: 10.02.2012 DATE OF PRONOUNCEMENT: 10.02.2012 O R D E R PER D. MANMOHAN, V.P. BY THIS MISCELLANEOUS APPLICATION REVENUE SEEKS SET ASIDE OF THE ORDER IN MA NO. 52/MUM/2011 ARISING OUT OF ITA NO. 5666/M UM/2008 DATED 18.05.2011 AND TO RESTORE THE APPEAL. 2. AT THE OUTSET IT MAY BE NOTICED THAT THE REVENUE FI LED AN APPLICATION SEEKING RECTIFICATION OF THE ORDER PASSED BY THE TR IBUNAL IN MA NO. 52/MUM/2011. SECTION 254 OF THE ACT EMPOWERS THE TR IBUNAL TO RECTIFY ANY MISTAKE COMMITTED IN THE ORDER PASSED UNDER SECTION 254(1) OF THE ACT WHEREAS NO SUCH REMEDY IS PROVIDED FOR ORDERS PASSED UNDER SECTION 254(2) OF THE ACT. IF REVENUE IS OF THE OPINION THAT THE ORDER PASSED UND ER SECTION 254(1) WAS BAD IN LAW, THERE IS NO EMBARGO ON THEM TO FILE A MISCE LLANEOUS APPLICATION AGAINST THE ORDER PASSED IN ITA NO. 5666/MUM/2008 DATED 08. 09. 2009. WITH THESE MA NO. 474/MUM/2011 M/S. SHIPPING CORPORATION OF INDIA LTD. 2 OBSERVATIONS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED SINCE IT IS NOT MAINTAINABLE UNDER SECTION 254(2) O F THE ACT. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH FEBRUARY 2012. SD/- SD/- (J. SUDHAKAR REDDY) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 10 TH FEBRUARY 2012 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) V, MUMBAI 4. THE CIT V, MUMBAI CITY 5. THE DR, E BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.