ACIT, CHENNAI v. M/s. Chennai Port Trust, CHENNAI

MA 101/CHNY/2011 | 2005-2006
Pronouncement Date: 08-07-2011 | Result: Allowed

Appeal Details

RSA Number 10121724 RSA 2011
Assessee PAN AAALC0025B
Bench Chennai
Appeal Number MA 101/CHNY/2011
Duration Of Justice 25 day(s)
Appellant ACIT, CHENNAI
Respondent M/s. Chennai Port Trust, CHENNAI
Appeal Type Miscellaneous Application
Pronouncement Date 08-07-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 08-07-2011
Assessment Year 2005-2006
Appeal Filed On 13-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B CHENNAI BEFORE SHRI U.B.S. BEDI J.M. & SHRI ABRAHAM P. GEO RGE A.M. M.P. NO. 10 1/MDS/2011 [IN I.TA. NO. 173/MDS/2009] ASSESSMENT YEARS: 2005-06 THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE VIII CHENNAI. VS. M/S. CHENNAI PORT TRUST RAJAJI SALAI CHENNAI. [PAN:AAALC0025B] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI R. CLEMENT RAMESH KUMAR ASSESSEE BY : SHRI K. MEENAKSHISUNDARAM O R D E R PER U.B.S. BEDI J.M. BY MEANS OF PRESENT MISCELLANEOUS PETITION THE DE PARTMENT SEEKS TO GET RECALLED THE ORDER OF THE TRIBUNAL PASSED IN ITA NO . 173/MDS/2009 DATED 01.17.2009 FOR THE ASSESSMENT YEARS 2005-06 ON THE GROUND THAT SINCE THE COD APPROVAL HAS BEEN OBTAINED VIDE MINUTES OF THE MEET ING HELD ON 23.12.2010 ON REFERENCE BY CBDT AND BY FILING A COPY OF THE APPRO VAL VIDE F.NO. CIT/(JUDICIAL/ COD/2010-2011/2098 DATED 07.03.2011 THE LD. DR HAS ALSO SUBMITTED THAT THE COD APPROVAL IS NOT REQUIRED TO BE OBTAINED IN VIEW OF THE HONBLE SUPREME COURTS DECISION IN THE CASE OF ELECTRONICS CORPORA TION OF INDIA LTD. V. UNION OF INDIA AND OTHERS 332 ITR 58 AND PLEADED THAT THE OR DER MAY BE RECALLED AND APPEAL BE FIXED FOR HEARING AND TO THIS MOVE OF THE LD. DR THE LD. COUNSEL FOR THE ASSESSEE DID NOT OBJECT. 2.. WE HAVE HEARD BOTH THE SIDES AND CONSIDERED TH E MATERIAL ON RECORD AS WELL AS COPY OF THE COD APPROVAL FILED BY THE DEPAR TMENT. SINCE THE DEPARTMENT HAS FILED THE COPY OF THE COD APPROVAL FOR FILING A PPEAL AGAINST PUBLIC SECTOR M.P. M.P. M.P. M.P. NO. NO. NO. NO.101 101101 101/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 2 UNDERTAKING AND OTHERWISE ALSO AS PER THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF IND IA LTD. V. UNION OF INDIA AND OTHERS (SUPRA) THE COD APPROVAL IS NO MORE REQUIRE D THEREFORE WE RECALL OUR ORDER DATED 01.07.2009 AND FIX THE APPEAL FOR HEARI NG ON 14.09.2011 FOR WHICH NO SEPARATE NOTICE WOULD BE ISSUED AS BOTH THE SIDES H AVE WAIVED THEIR RIGHT OF NOTICE. 5. IN THE RESULT THE MISCELLANEOUS PETITION OF TH E DEPARTMENT STANDS ALLOWED. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEAR ING ON 08.07.2011. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI DATED THE 08.07.2011. VM/- COPY TO : APPELLANT/RESPONDENT/CIT(A)- /CIT /DR