INDUSIND BNAK LTD, v. ACIT RG 2(3),

MA 387/MUM/2011 | 2004-2005
Pronouncement Date: 11-11-2011 | Result: Allowed

Appeal Details

RSA Number 38719924 RSA 2011
Assessee PAN THNOV2011P
Bench Mumbai
Appeal Number MA 387/MUM/2011
Duration Of Justice 3 month(s) 30 day(s)
Appellant INDUSIND BNAK LTD,
Respondent ACIT RG 2(3),
Appeal Type Miscellaneous Application
Pronouncement Date 11-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted I
Tribunal Order Date 11-11-2011
Assessment Year 2004-2005
Appeal Filed On 12-07-2011
Judgment Text
1 INDUSIND BANK LTD IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH MUMBAI BENCHES MUMBAI BEFORE SHRI T R SOOD AM & SHRI VIJAY PAL RAO J M MA NO. 387/MUM/2011 ARISING OUT OF ITA NO. 2464/MUM/2009 (ASST YEAR 2004-05) INDUSIND BANK LTD SOLITAIRE CORPORATE PARK 167 GURU HARGOVINDJI MARG MUMBAI 93 VS THE ASST COMMR OF INCOME TAX RANGE 2(3) MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AAAC11314G ASSESSEE BY SHRI D S MAINKAR REVENUE BY SH A K NAYAK DT.OF HEARING 11.11.2011 DT OF PRONOUNCEMENT 11 TH NOV 2011 PER VIJAY PAL RAO JM THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 29 TH APRIL 2011 OF THIS TRIBUNAL WHEREBY THE APPEAL OF THE ASSESSEE IN ITA 2464/MUM/2009 FOR AY 2004-05 WAS DISPOSED OFF. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE RELE VANT MATERIAL ON RECORD. 3 AFTER CONSIDERING THE CONTENTS OF THE MISCELLANEO US APPLICATION WE FIND THAT INADVERTENTLY THE GROUND NO. 3 RAISED BY THE ASSES SEE IN THE APPEAL REGARDING ALLOWABILITY OF LOSS ON UNMATURED FORWARD EXCHANGE CONTRACTS HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. THIS MISTAKE WAS APPA RENT ON RECORD; THEREFORE WE RECALL THE ORDER OF THE TRIBUNAL FOR LIMITED PURPOS E FOR ADJUDICATION OF THE GROUND NO.3 RAISED BY THE ASSESSEE IN ITS APPEAL. 2 INDUSIND BANK LTD 3 THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HE ARING FOR LIMITED PURPOSE FOR ADJUDICATION OF GROUND NO.3 4 IN THE RESULT THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E.11 TH NOV 2011 I. SD/ SD/ ( T R SOOD ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 11 TH NOV 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR ITAT MUMBAI