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

MA 50/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6365 (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: 2001-2002
• 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.50/MDS/2011 [ARISING OUT OF I .T.A NO. 374/MDS/2004] ASSESSMENT YEAR : 2001-02 THE DY. CIT LARGE TAXPAYER UNIT CHENNAI VS M/S NEYVELI LIGNITE CORPORATION LTD 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 THIS MISCELLANEOUS PETITION , THE REVENUE HAS PRAYED FOR RECALL OF THE TRIBUNAL ORDER DATED 11.5 .2007 PASSED IN I.T.A.NO.374/MDS/2004, FOR ASSESSMENT YEAR 2001-02. 2. IN FACT, THE APPEAL OF THE REVENUE WAS DISMISSED FO R WANT OF REQUISITE APPROVAL OF THE COMMITTEE ON DISPUTES (CO D) 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 APPEAL REVIVED AFTER OBTAINING THIS APPROVAL. M.P 50/2011 :- 2 -: 3. NOW, THE REVENUE HAS OBTAINED COD APPROVAL FOR PURS UING THE APPEAL REGARDING DELETION OF DISALLOWANCE OF DEDUCT ION CLAIMED U/S 80IA, VIDE MINUTES DATED 23.11.2010, A COPY OF WHIC H HAS BEEN PLACED FOR OUR PERUSAL. WE HAVE SEEN THE REQUISITE APPROV AL. THE ORDER OF THE TRIBUNAL, IN THIS CASE, DATED 11.5.2007, IS THE REFORE, RECALLED TO DECIDE THE ISSUE. THE REGISTRY IS DIRECTED 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