BHARAT PETROLEUM CORPORATION LTD, V. ASST CIT RG 2(1),

MA 515/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0066 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-03-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 06-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J D MISTRI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI , . . / BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER /AND , . . SHRI RAJENDRA, ACCOUNTANT MEMBER M.A. NO. 515/MUM/2012 (ARISING OUT OF ITA NO. 4286/MUM/2005) ASSESSMENT YEAR 2001-02 BHARAT PETROLEUM CORPORATION LTD., TAXATION SECTION, 3 RD FLOOR, BHARAT BHAVAN 2, 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI. PAN: AAACB 2902 M VS. ASST. COMMISSIONER OF INCOME TAX, RANGE-2(1), MUMBAI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI J.D. MISTRI RESPONDENT BY : SHRI MOHIT JAIN DATE OF HEARING : 08-03-2013 DATE OF PRONOUNCEMENT : 20-03-2013 / O R D E R PER RAJENDRA, A.M. VIDE ITS MISCELLANEOUS APPLICATION, FILED ON 0 6-08-2012, ASSESSEE HAS REQUESTED TO RESTORE THE APPEAL DISMISSED BY THE TRIBUNAL ON 07-08-2008 (ITA NO. 4286/MUM/2005 AY. 2001-02). 2. IN THE APPLICATION, IT WAS SUBMITTED BY THE ASSESSE E THAT ON 1 ST AUGUST 2008, ENQUIRIES WERE MADE BY THE OFFICIALS OF THE CORPORA TION WITH THE BAR ASSOCIATION TO ENQUIRE WHETHER THE A BENCH WAS FUNCTIONING ON 04 -08-2008 OR NOT, THAT ASSESSEE WAS INFORMED ABOUT NON-FUNCTIONING OF A BENCH ON THAT DAY I.E., 4 TH AUGUST 2008 (MONDAY), THAT ON MONDAY, THE CASE WAS HEARD BY THE BENCH WHEN NOBODY HAD APPEARED ON BEHALF OF THE ASSESSEE, THAT APPEAL FIL ED BY THE ASSESSEE WAS DISMISSED BY THE A BENCH OF TRIBUNAL ON 7 TH AUGUST 2008 AS THE APPROVAL OF THE COMMITTEE ON DISPUTES (C.O.D) WAS NOT FILED. AFFIDAVITS OF SHRI KAPIL JOSHI, DY. MANAGER FINANCE OF BHARAT PETROLEUM CORPORATION LTD., AND SOODAMANI MEYYAPPAN, THE THEN CHIEF FINANCE MANAGER TAXATION WERE FILED ALONG WITH APPL ICATION FOR RESTORATION OF APPEAL. M.A. NO. 515/MUM/2012 BHARAT PETROLEUM CORP. LTD., 2 3. BEFORE US, AUTHORISED REPRESENTATIVE (AR) SUBMITTED THAT ASSESSEE WAS A PUBLIC SECTOR UNDERTAKING, THAT IT HAD APPLIED FOR APPROVAL TO THE C.O.D. TO PURSUE THE SAID APPEAL FOR THE AY. 2001-02, THAT APPROVAL OF T HE C.O.D. WAS GRANTED ON 12-05- 2006 IN RESPECT OF TWO GROUNDS OF APPEAL, THAT OFFI CERS OF THE CORPORATION HAD ENQUIRED FROM THE LIBRARY OF BAR ASSOCIATION ABOUT FUNCTIONING OF A BENCH ON 04- 08-2008, THAT THEY WERE INFORMED THAT BENCH WILL NO T FUNCTION ON THAT DAY, THAT IN THESE CIRCUMSTANCES, NOBODY APPEARED ON 04-08-2008 BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE SUBMISSIONS OF THE AR OF THE ASSE SSEE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS FOUND THAT APP EAL WAS DISMISSED BECAUSE OF NON- PRODUCTION OF APPROVAL FROM THE C.O.D. IN OUR OPIN ION, AFTER THE ORDER OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATIO N OF INDIA (332 ITR 58) THE APPROVAL OF THE C.O.D. IS NO MORE REQUIRED. IN THE SE CIRCUMSTANCES, WE ARE OF THE OPINION THAT MATTER SHOULD BE HEARD AND DECIDED ON MERITS. THEREFORE, RE-CALLING THE ORDER OF THE DISMISSAL DT. 07-08-2012, WE RESTORE B ACK THE MATTER. REGISTRY IS DIRECTED FOR NEXT DATE OF HEARING BEFORE THE REGULAR BENCH. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE-CORPORATION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH MARCH, 2013. ! ' # $%& 20 TH MARCH, 2013 ' ( SD/- SD/- ( / VIJAY PAL RAO ) ( / RAJENDRA ) ) / JUDICIAL MEMBER ' ) / ACCOUNTANT MEMBER / MUMBAI, $%/ DATE: 20 TH MARCH, 2013 TNMM COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR A BENCH, ITAT, MUMBAI 6. GUARD FILE ,- .- //TRUE COPY// % % % % / BY ORDER, / // / / 0 0 0 0 DY./ASST. REGISTRAR , / ITAT, MUMBAI