ACIT, Coimbatore v. M/s. Elgi Rubber Products Limited, Coimbatore

IN THE INCOME-TAX APPELLATE TRIBUNAL CHENNAI A BENCH CHENNAI. (BEFORE SHRI.U.B.S. BEDI J.M. & SHRI. ABRAHAM P. GE ORGE A.M.) M.A. NOS. 132 AND 133/MDS/2010 [IN I.T.A. NO. 1690 AND 1721/MDS/2007] ASSESSMENT YEARS: 2003-04 AND 2004-05 THE ASSISTANT COMMISSIONER OF INCOME TAX COMPANY CIRCLE I(2) COIMBATORE 641 018. VS. M/S. ELGI RUBBER PRODUCTS LIMITED 2000 TRICHY ROAD RAMANATHAPURAM COIMBATORE 641 005. [PAN : AAACE6812B] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI SHAJI P. JACOB ASSESSEE BY : SHRI SAROJ KUMAR ORDER PER U.B.S. BEDI J.M. BY MEANS OF PRESENT MISCELLANEOUS APPLICATIONS TH E DEPARTMENT SEEK TO GET RECTIFIED THE NAME OF THE ASSESSEE IN THE CAUSE TITLE OF TWO APPEALS OF THE ASSESSEE IN ITA NO. 1690/MDS/2007 ORDER DATED 20.02 .2009 AND ITA NO. 1721/MDS/2007 ORDER DATED 27.02.2009 FROM M/S. ELGI TREAD INDIA LTD. TO M/S. ELGI RUBBER PRODUCTS LIMITED BECAUSE IN THE RECORD OF THE ASSESSING OFFICER OLD NAME IS IN EXISTENCE. WHEREAS THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE NAME OF THE ASSESSEE COMPANY HAS BEEN CHANGED A S PER THE ORDER OF THE HONBLE JURISDICTIONAL HIGH COURT VIDE ORDER DATED 04.04.2008 AND ON THAT BASIS THE ASSESSEE APPLIED FOR CHANGE IN NAME OF ASSESSEE COMPANY. SO THERE IS NO MISTAKE IN THE NAME OF THE COMPANY AS SHOWN IN THE CAUSE TITLE OF THE ORDERS OF THE TRIBUNAL. 2. AFTER HAVING HEARD BOTH THE SIDES AND CONSIDERI NG THE MATERIAL AVAILABLE ON RECORD IT WAS PROPOSED TO BOTH THE SIDES THAT W HETHER IT WOULD SUFFICE IF AFTER M.A. M.A. M.A. M.A. NO NO NO NOS SS S. .. . 132 & 133 132 & 133 132 & 133 132 & 133/MDS/ /MDS/ /MDS/ /MDS/1 11 10 00 0 2 THE NAME OF THE COMPANY AS SHOWN IN THE CAUSE TITLE IN BOTH THE ORDERS WITHIN BRACKETS IT IS WRITTEN FORMERLY ELGI RUBBER PRODUC TS LIMITED. THE COUNSEL FOR THE ASSESSEE AS WELL AS THE LD. DR DID NOT OBJECT TO SU CH PROPOSAL RATHER AGREED THAT THIS WOULD BE APPROPRIATE. ACCORDINGLY WE DIRECT T O AMEND TO READ AS [FORMERLY M/S. ELGI RUBBER PRODUCTS LIMITED] AFTER M/S. ELGI TREAD INDIA LIMITED IN THE CAUSE TITLE OF THE ORDERS INSTEAD OF M/S. ELGI TREA D INDIA LIMITED. THIS AMENDMENT SHALL AND SHALL ALWAYS BE DEEMED TO HAVE BEEN MADE WITH EFFECTIVE FROM THE DATE OF ORIGINAL ORDERS. 3. AS A RESULT BOTH THE MISCELLANEOUS APPLICATION S OF THE DEPARTMENT ARE ALLOWED AS ABOVE. THE ORDER PRONOUNCED SOON AFTER CONCLUSION OF HEAR ING ON 13.08.2010. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER VM/- DATED :. 13.08.2010. COPY TO: THE ASSESSEE//A.O./CIT(A)/CIT/D.R.