M/s. Coal India Ltd, Kolkata V. ACIT, Circle - 5, Kolkata, Kolkata

MA 55/KOL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7548 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 02-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, A , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- A, KOL KATA [ , . . , ! ] BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER & SRI C.D. RAO, ACCO UNTANT MEMBER '' # $ '' # $ '' # $ '' # $ /M.A. NO. 55 (KOL) OF 2011 [ $ $ $ $ / ITA NO. 349 (KOL) OF 2006] #% &' / ASSESSMENT YEAR 2003-04 COAL INDIA LTD., KOLKATA. (PAN-AABCC3929J) # - VERSUS ASSTT.COMMISSIONER OF INCOME - TAX, CIRCLE-5, KOLKATA. ( / APPLICANT ) ( ,-./ / RESPONDENT ) 0 1 / FOR THE APPLICANT: / SRI NIMISH KUMAR ,-./ 0 1 / FOR THE RESPONDENT: / SRI S.K. ROY 2#3 0 ! /DATE OF HEARING : 20/01/2012 4& 0 ! /DATE OF PRONOUNCEMENT : 20/01/2012 5 / ORDER ( ,) (MAHAVIR SINGH), JUDICIAL MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR THE RECTIFICATION OF THE ORDER OF THE TRIBUNAL DATED 10.6.2008 IN ITA NO.349 /KOL/2006 FOR ASSESSMENT YEAR 2003-04. 2. THE ASSESSEE IS A GOVERNMENT OF INDIA UNDERTAKI NG. THE APPEAL FILED BY THE ASSESSEE WAS DISMISSED AS NOT MAINTAINABLE IN THE ABSENCE OF CLEARANCE FROM THE HIGH POWERED COMMITTEE. THE TRIBUNAL FOUND THAT COD, WHILE GRAN TING APPROVAL, HAS INADVERTENTLY OMITTED TO CONSIDER FOUR GROUNDS OF APPEAL TAKEN BY THE ASSESS EE AND HAS GRANTED APPROVAL WITH RESPECT TO THREE GROUNDS ONLY. IN SUCH CIRCUMSTANCES, THE TRIBUNAL FOLLOWING THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF ONGC VS. COLLECTOR OF CENTRAL EXCISE [104 CTR 31 (SC)] DISMISSED THE APPEAL FOR WANT OF PROPER PERMISSION FROM COD WITH A RIDER THAT IT WILL BE OPEN FOR THE ASSESSEE TO FILE AN APPLICATION FOR REVIVAL OF THE APPEAL, IF COD CLEARANCE IS OBTAINED. 3. THE ASSESSEE IN ITS MISC. APPLICATION SUBMITS T HAT NOW IN VIEW OF HONBLE SUPREME COURT DECISION IN THE CASE OF ELECTRONICS CORPN. OF INDIA VS. UNION OF INDIA [238 CTR 353 (SC)], NO COD IS REQUIRED AND THUS PRAYED FOR RECALLING OF TH E ORDER AND HEARING ON MERITS. IN SUPPORT OF THE SUBMISSION, THE ASSESSEE ALSO FILED A COPY OF O RDER OF THE TRIBUNAL IN RESPECT TO M.A. NO. 56/KOL/2011 ARISING OUT OF ITA NO.1796/KOL/2010, DA TED 21/10/2011. MA 55/K/2011 AY 03-04 2 4. AFTER HEARING THE PARTIES AND RESPECTFULLY FOL LOWING THE AFORESAID DECISION OF HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPN. OF INDIA VS. UNION OF INDIA (SUPRA), WE RECALL OUR ORDER DATED 10/6/2008 FOR HEARING ON MERITS. T HE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN DUE COURSE. 5. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. 5 !2 6 2# 7 8 THIS ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- ( . . ) ! ( , ) (C.D. RAO) ACCOUNTANT MEMBER (MAHAVIR SINGH) JUDICIAL MEMBER ( ! ! ! ! ) DATE: 20 -01-2012 5 0 ,' 9 '&: - COPY OF THE ORDER FORWARDED TO: 1. /APPLICANT : COAL INDIA LTD., 10, N.S. ROAD, KOLKA TA-700 001 2 ,-./ / THE RESPONDENT : A.C.I.T., CIRCLE-5, KOLKATA. 3 5# ( ) : THE CIT(A)-V, KOLKATA. 4. 5# / THE CIT, KOL - 5 . ;7 ,# / DR, ITAT, KOLKATA BENCHES, KOLKATA 6 . GUARD FILE . -' , / TRUE COPY, 5#2 / BY ORDER, (DKP) ASSISTANT REGISTRAR .