Mineral Exploration Corporation LTD, Nagpur V. Asst.Commissioner of Income Tax -2, Nagpur

MA 88/NAG/2009

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9528 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 10 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2003-2004
• Appeal Filed On: 02-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR MILIND BHUSARI
• Assessee Lawyers: M MANI

Judgement Text

MA NO. 8 8 /NAG/200 9 MINERAL EXPLORATION CORPORATION LTD., NAGPUR IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH , NAGPUR BEFORE: SHRI P.K. BANSAL , ACCOUNTANT MEMBER AND SHRI D.T. GARASIA , JUDICIAL MEMBER M A NO. 8 8 / NAGPUR / 20 0 9 (ARISING OUT OF ITA NO. 17 /NAG/200 8 ) ASSESSMENT YEAR : 200 3 - 0 4 MI NERAL EXPLORATION CORPORATION LIMITED NAGPUR VS. CIT - 1 NAGPUR (APPELLANT) (RESPONDENT) PAN NO.AABCM 9165C APPELLANT BY: SHRI M. MANI, ADVOCATE RESPONDENT BY: DR. MILIND BHUSARI, CIT(DR) DATE OF HEARING: 1 0 .10.12 DATE OF PRONOUNCEMENT: 16.10.12 ORD ER PER P.K. BANSAL, ACCOUNTANT MEMBER: - THIS MISCELLANEOUS APPLICATION HAS BEEN FILED U/S 254(2) OF THE INCOME - TAX ACT. THE LD. A.R. POINTED OUT THAT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE AS THE ASSESSEE BEING A GOVERNMENT OF INDIA UN DERTAKING, COULD NOT FILE THE COD PERMISSION BEFORE THE TRIBUNAL WHEN THE APPEAL CAME UP FOR HEARING. THE TRIBUNAL DISMISSED THE APPEAL OF THE ASSESSEE SUBJECT TO THAT THE ASSESSEE SHALL BE AT LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT FOR RECAL LING OF THE ORDER IN CASE THE ASSESSEE IS ABLE TO OBTAIN SUCH PERMISSION. IT WAS POINTED OUT BY THE LD. A.R. THAT THE ASSESSEE GOT THE COD APPROVAL DATED 22.10.2009, THE COPY OF WHICH WAS FILED AND ACCORDINGLY, IT WAS CONTENDED THAT THE ORDER OF THIS TRIB UNAL DATED 28.4.2009 BE RECALLED. 2. WE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY CONSIDERED THE SAME. WE HAVE GONE THROUGH THE ORDER OF THIS TRIBUNAL DATED 28.4.2009. WE NOTED THAT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE WITH A RIDER THAT THE ASSESSEE SHALL BE AT LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT FOR RECALLING OF THE MA NO.88/NAG/2009 MINERAL EXPLORATION CORPORATION LTD., NAGPUR 2 ORDER IN CASE THE ASSESSEE IS ABLE TO OBTAIN PERMISSION FROM THE COD. THE ASSESSEE HAS NOW FILED THE COD APPROVAL. WE, THEREFORE, RECALL THE ORDER DATED 2 8.4.2009. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 16.10 .20 1 2 SD/ - SD/ - ( D.T. GARASIA ) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER VG/SPS NAGPUR DATED 16 TH OCTO BER , 20 1 2 COPY TO 1 MINERAL EXPLORATION CORPORATION OF INDIA LTD., DR. BABASAHEB AMBEDKAR BHAVAN, HIGH LAND DRIVE ROAD, SEMINARY HILLS, NAGPUR 2 CIT - 1, NAGPUR 3 THE CIT (A) , NAGPUR 4 THE DR, ITAT, NAGPUR 5 GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL NAGPUR