COMMISSIONER OF INCOME TAX Vs. APPOLLO TYRES LTD

JUDGEMENT

(1.) This appeal preferred by the Revenue is still to be admitted and it is pending for nearly nine years.

(2.) The respondent assessee is engaged in the business of manufacture and sale of automotive tyres, tubes etc., who filed return in respect of the assessment year 1997 - '98, which was followed by a revised return filed on 30.11.1998. The assessment was finalized under Section 143(3) of the Income Tax Act by the assessing officer on 30.03.2000 assessing the total income of Rs.14,21,00,850/-. This was sought to be challenged by the assessee by filing an appeal before the Commissioner of Income Tax (Appeals), who passed an order on 21.10.2003 granting some reliefs to the assessee, while upholding some additions made by the assessing officer. This was the subject matter of challenge before the Income Tax Appellate Tribunal who considered the matter and finalized the appeal by passing an order on 18.08.2009. Later, pointing out that certain mistakes/errors had already kept in the order passed by the Tribunal and that some specific grounds were not adverted to while passing the said order, Annexure A miscellaneous petition was filed by the assessee, which was considered and finalized by the Tribunal as per Annexure B order dated 08.01.2010, whereby some more reliefs have been extended to the assessee. This made the Revenue to feel aggrieved, who has approached this Court by way of present appeal.

(3.) Heard Mr. Christopher Abraham, the learned standing counsel for the Revenue and Mr. Joseph Markos, the learned senior counsel appearing on behalf of the respondent assessee.