DCIT 7(3), V. GLOFAME COTSPIN INDUSTRIES LTD,

MA 579/MUM/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6437 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2001-2002
• Appeal Filed On: 29-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Assessee Lawyers: MITESH SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI. BEFORE SHRI R.V.EASWAR, PRESIDENT (THIRD MEMBER) M.A.NO.579/MUM/2010 (ARISING OUT OF ITA NO.2283/MUM/2007) (ASSESSMENT YEAR : 2001-02) THE DCIT-7(3), R.NO.615, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400 020. VS. M/S. GLOFAME COTSPIN INDUSTRIES LTD. (FORMERLY WELSPUN COTTPON YARNS LTD.) TRADE WORLD, B WING, 9 TH FLOOR, KAMALA MILLS COMPOUND, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400 01 PAN:AAACW3364L (APPLICANT) (RESPONDENT) APPLICANT BY : MS. ASHIMA GUPTA, CIT DR RESPONDENT BY : MR. MITESH SHAH O R D E R THIS APPLICATION HAS BEEN FILED BY THE REVENUE U/S. 254(2) OF THE INCOME TAX ACT AGAINST THE ORDER OF THE THIR D MEMBER DATED 10 TH MAY 2010. THE BASIS OF THE APPLICATION IS THAT TH E ORDER OF THE THIRD MEMBER CONTAINS CERTAIN ERRORS W HICH REQUIRE RECTIFICATION UNDER SECTION 254(2). 2. THE PRELIMINARY POINT WHICH ARISES BEFORE ME IS WHETHER THE APPLICATION UNDER SECTION 254(2) CAN BE FILED A GAINST THE ORDER OF THE THIRD MEMBER PASSED UNDER SECTION 255( 4) OF THE ACT. THIS ISSUE HAS BEEN DEALT WITH BY ME IN MY ORD ER DATED 11 TH MARCH, 2011 PASSED IN M.A.NO.509/MUM/2010. I HAVE H ELD, FOR THE REASONS CONTAINED IN THE SAID ORDER, THAT THE D ECISION OF THE THIRD MEMBER IS NOT A FINAL ORDER DISPOSING OF THE ENTIRE APPEAL M.A NO.579/MU M/10 2 AS CONTEMPLATED BY SECTION 254(1) AND THEREFORE AN APPLICATION UNDER SECTION 254(2) DOES NOT LIE AGAINST HIS DECIS ION. FOLLOWING THE SAID ORDER, I REJECT THE PRESENT APPLICATION FI LED BY THE REVENUE AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF APRIL, 2011. SD/- ( R.V.EASWAR ) PRESIDENT MUMBAI, DATED THE 29 TH APRIL, 2011. SOMU COPY TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT-7 MUMBAI. 4. THE CIT(A)-XXX, MUMBAI 5. THE DR G BENCH /TRUE COPY/ BY ORDE R ASSTT. REGISTRAR, I.T.A.T, MUMBAI