RELIANCE INDUSTREIS LTD, V. ACIT CIR 3(3),

MA 864/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5316 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-11-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2000-2001
• Appeal Filed On: 23-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Assessee Lawyers: ARVIND SONDE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM M.A.NO.864/MUM/2009 (ARISING OUT OF ITA NO.7248/MUM/2003 : ASST.YEAR 20 00-2001) M/S.RELIANCE INDUSTRIES LIMITED 3 RD FLOOR, MAKER CHAMBERS IV 222 NARIMAN POINT, MUMBAI 400 021. PA NO.AAACR5055K. VS. THE ASSTT.COMMISSIONER OF INCOME-TAX RANGE 3(3) MUMBAI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI ARVIND SONDE RESPONDENT BY : SHRI SURENDRA KUMAR O R D E R PER R.S.SYAL, AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT, 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECTIFIC ATION OF THE ORDER OF THE TRIBUNAL DATED 30 TH APRIL, 2008 IN ITA NO.7248/MUM/2003. 2. ON A SPECIFIC QUERY, THE LEARNED COUNSEL FOR THE ASSESSEE PLACED ON RECORD A COPY OF THE JUDGEMENT OF THE HONBLE BOMBAY HIGH CO URT ADMITTING QUESTIONS REGARDING DEDUCTION U/S.80-IA. IT WAS FAIRLY CONCED ED BY THE LD. AR THAT THE SUBJECT MATTER OF THE PRESENT MISCELLANEOUS APPLICATION IS THE SAME AS HAS BEEN ADMITTED BY THE HONBLE BOMBAY HIGH COURT. 3. IN VIEW OF THE FACT THAT THE HONBLE BOMBAY H IGH COURT HAS ALREADY ADMITTED THE QUESTIONS RAISED BY THE ASSESSEE, SIMILAR TO TH OSE AGITATED IN THE PRESENT MISCELLANEOUS APPLICATION AS SUBSTANTIAL QUESTIONS OF LAW, WE ARE SATISFIED THAT THIS APPLICATION DESERVES THE FATE OF DISMISSAL. SINCE THE MATTER IS SUB JUDICE BEFORE THE HONBLE BOMBAY HIGH COURT, SIMILAR QUESTIONS CANNOT BE TAKEN UP FOR HEARING BY THE TRIBUNAL. MA NO.864/MUM/2009 M/S.RELIANCE INDUSTRIES LIMITED. 2 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED ON THIS 19 TH DAY OF NOVEMBER, 2010. SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 19 TH NOVEMBER, 2010. DEVDAS* COPY TO : 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - III, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.