M/s. Mainetti India Pvt.Ltd., CHENNAI V. ACIT, CHENNAI

MA 59/CHNY/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8585 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-06-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 23-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI [BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER] M.P.NO.59/MDS/2012 [IN I.T.A NO.1789/MDS/2011] ASSESSMENT YEAR : 2007-08 M/S MAINETTI INDIA PVT. LTD 3 RD FLOOR, FLORIDA TOWERS 138/30 NELSON MANICKAM ROAD CHENNAI 600 089 VS THE ACIT COMPANY CIRCLE IV(1) CHENNAI [PAN AAACM 6894M] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI VIJAY KUMAR, CA RESPONDENT BY : SHRI SHAJI P. JACOB, ADDL. CIT DATE OF HEARING : 29-06-2012 DATE OF PRONOUNCEMENT : 29-06-2012 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER: THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 16.3.2012 PASSED IN I.T.A.NO. 1789/MDS/2011. 2. IN THE MISCELLANEOUS PETITION, THE ASSESSEE HA S STATED THAT GROUND NO.4 OF THE APPEAL RELATING TO THE ADJUSTMEN T TO THE TOTAL TURNOVER IN CORRESPONDENCE WITH THE ADJUSTMENT MADE TO THE EXPORT TURNOVER HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. HENCE, IT WAS MP 59/12 :- 2 -: PRAYED THAT GROUND NO.4 OF THE APPEAL SHOULD BE ADJ UDICATED BY THE TRIBUNAL. 3. AT THE TIME OF THE HEARING, THE A.R OF THE ASSESSE E SUBMITTED THAT HE IS NOT PRESSING THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE AND MADE AN ENDORSEMENT TO THIS EFFECT ON THE MISCE LLANEOUS PETITION FILED BY THE ASSESSEE. THEREFORE, THE MISCELLANEO US PETITION FILED BY THE ASSESSEE IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON FRIDAY, THE 29 TH OF JUNE 2012, AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) JUDICIAL MEMBER (N.S. SAINI) ACCOUNTANT MEMBER DATED: 29 TH JUNE, 2012 RD : COPY TO: PETITIONER/RESPONDENT/CIT(A)/CI/TDR