ACIT (OSD) CIR 2(1), v. GIC ASEST MANAGEMENT CO., LTD,

MA 747/MUM/2009 | 2003-2004
Pronouncement Date: 30-07-2010 | Result: Allowed

Appeal Details

RSA Number 74719924 RSA 2009
Assessee PAN AAACC1263A
Bench Mumbai
Appeal Number MA 747/MUM/2009
Duration Of Justice 8 month(s) 21 day(s)
Appellant ACIT (OSD) CIR 2(1),
Respondent GIC ASEST MANAGEMENT CO., LTD,
Appeal Type Miscellaneous Application
Pronouncement Date 30-07-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted G
Tribunal Order Date 30-07-2010
Assessment Year 2003-2004
Appeal Filed On 09-11-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH MUMBAI BEFORE SHRI N.V. VASUDEVAN JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 747/MUM/2009 (ARISING OUT OF ITA NO. 4604/MUM/2007) (ASSESSMENT YEAR: 2003-04) ACIT (OSD) CIRCLE 2(1) M/S. GIC ASSET MANAGEMENT C O. LTD. ROOM NO. 561 5TH FLOOR 22ND FLOOR PHIROZA JEEJEEB HOY TOWERS AAYAKAR BHAVAN M.K. ROAD VS. DALAL STREET MUMBAI 400023 MUMBAI 400020 PAN - AAACC 1263 A APPLICANT RESPONDENT APPLICANT BY: SHRI HARI GOVIND SINGH RESPONDENT BY: SHRI DEEPAK SHAH O R D E R PER B. RAMAKOTAIAH A.M. THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE ORDER DISMISSING THE APPEAL IN RESPECT OF ITA NO. 4604/MUM/2007 DATED 20.03.2009 FOR WANT OF COD PERM ISSION. 2. THE LEARNED D.R. REFERRING TO THE MISCELLANEOUS APP LICATION EXPLAINED THAT THE COD WAS NOT AVAILABLE ON THE EARLIER OCCAS ION BUT NOW THE COD HAS ACCORDED APPROVAL FOR APPEALING TO THE ITAT ON THE ISSUE OF ALLOWANCE OF SET OFF OF SHORT TERM CAPITAL GAINS AGAINST LONG CAPITA L LOSES U.S 74 AND FILED A COPY OF THE SAME ALONG WITH THE APPLICATION. 3. IN VIEW OF THE FACT THE REVENUE HAS OBTAINED COD PE RMISSION FOR A.Y. 2003-04 WE RECALL THE ORDER OF THE TRIBUNAL DATED 20.03.2009 FOR THE PURPOSE OF HEARING THE APPEAL IN ITA NO. 4604/MUM/2 007 AND REGISTRY IS DIRECTED TO POST THE CASE AFRESH FOR HEARING IN DUE COURSE. 4. IN THE RESULT M.A. FILED BY THE REVENUE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JULY 2010. SD/- SD/- (N.V. VASUDEVAN) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 30 TH JULY 2010 MA NO. 747/MUM/2009 M/S. GIC ASSET MANAGEMENT CO. LTD. 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) II MUMBAI 4. THE CIT II MUMBAI CITY 5. THE DR G BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.