ASST CIT LTU, V. NUCLEAR POWER CORP. OF INDIA LTD,

MA 493/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8835 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-06-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 1992-1993
• Appeal Filed On: 03-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV
• Assessee Lawyers: RAKHI AGRAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J, MUMBAI BEFORE S/SHRI I.P.BANSAL (JM) AND RAJENDRA SINGH (AM) MA NO.493/MUM/2011 (ARISING OUT OF ITA NO.443/MUM/2003) (ASSESSMENT YEAR: 1992-93) ASSTT. COMMISSIONER OF INCOME TAX-LTU, 28 TH FLOOR, CENTRE-1, WORLD TRADE CENTRE, MUMBAI-400005. M/S NUCLEAR POWER CORPORATION OF INDIA LTD., 16 TH FLOOR, CENTRE-1, WORLD TRADE CENTRE, MUMBAI-400005. PAN: AAACN3154F APPLICANT V/S RESPONDENT DATE OF HEARING : 1.6.2012 DATE OF PRONOUNCEMENT : 1.6.2012 APPLICANT BY : SHRI JITENDRA YADAV RESPONDENT BY: MS.RAKHI AGRAWAL O R D E R PER I.P.BANSAL (JM) VIDE MISCELLANEOUS APPLICATION FILED AS ABOVE, IT IS A CONTENTION OF THE REVENUE THAT ITATS ORDER DATED 4.6.2009 PA SSED IN ITA NO.443/MUM/2003 (AY 1992-93), IN REVENUES APPEAL S HOULD BE RECALLED. IT IS A CASE OF THE REVENUE THAT AFOREM ENTIONED APPEAL FILED BY THE REVENUE WAS DISMISSED BY THE TRIBUNAL ON THE GROUND THAT THE REVENUE DID NOT OBTAIN PERMISSION FROM COD AS IT B EING PUBLIC SECTOR UNDERTAKING WAS REQUIRED TO OBTAIN PERMISSION FROM COD. IT IS ALSO THE CASE OF THE REVENUE THAT NOW THE HONBLE SUPRE ME COURT IN CASE OF ELECTRONIC CORPORATION OF INDIA LTD., CIVIL APP EAL NO.1883/2100 DATED MA NO.493/MUM/2011 2 17.2.2011 HAS HELD THAT THE RESTRICTION OF COD CLEARANCE IS NO LONGER REQUIRED FOR FILING THE APPEAL. IT IS THEREFORE, CO NTENDED THAT THE AFOREMENTIONED ORDER OF THE TRIBUNAL SHOULD BE REC ALLED. 2. THE LD. AUTHORISED REPRESENTATIVE DID NOT HAVE A NY OBJECTION TO SUCH REQUEST OF LD. DEPARTMENTAL REPRESENTATIVE. IT WAS SUBMITTED BY THE LD.AR THAT THE APPEAL OF THE ASSESSEE FOR THE S AME ASSESSMENT YEAR IS FIXED FOR HEARING BEFORE THE TRIBUNAL ON 21.6.2 012. 3. AFTER HEARING BOTH THE PARTIES AND IN VIEW OF TH E ABOVE POSITION, WE RECALL OUR ORDER DATED 4.6.2009 AS LIBERTY WAS GIVEN TO THE REVENUE FOR SEEKING RECALL OF THE SAID ORDER IN CASE THE COD HAS GRANTED THE PERMISSION TO THE REVENUE. HOWEVER, NOW THERE IS N O REQUIREMENT OF OBTAINING APPROVAL OF COD, THEREFORE, THE AFOREMENT IONED ORDER IS RECALLED AND APPEAL FILED BY THE REVENUE IS RESTOR ED FOR HEARING ON MERITS. AS THE APPEAL FILED BY THE ASSESSEE IS FIXE D ON 21.6.2012, WE DIRECT THE REGISTRY THAT THIS APPEAL OF THE REVENUE ALSO BE LISTED FOR HEARING ON 21.6.2012. THE DATE WAS DULY NOTED BY TH E LD.DR AND OTHER PARTY. 4. MISCELLANEOUS APPLICATION FILED BY THE REVENUE I S ALLOWED IN THE MANNER AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON 1.6.2012. SD SD ( RAJENDRA SINGH ) (I.P.BANSAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MA NO.493/MUM/2011 3 MUMBAI, DATED 1 ST JUNE, 2012 SRL: COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH 6. GUARD FILE. BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI