ACIT 10(1), MUMBAI V. INDIAN OIL CORPORATION LTD, MUMBAI

ITA 1280/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6253 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 1997-1998
• Appeal Filed On: 16-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DARSHANA SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I MUMBAI BEFORE SHRI J. SUDHAKAR REDDY (AM) AND SMT. ASHA VI JAYARAGHAVAN (JM) ITA NO. 1280/MUM/2010 ASSESSMENT YEAR-1997-98 THE ACIT, RANGE 10(1), AAYAKAR BHAVAN, MUMBAI-400 020 M/S. INDIAN OIL CORPN. LTD., G-9, ALI YAVAR JUNG MARG, BANDRA (E), MUMBAI-400 051 PAN- AAAC11 1681G (APPELLANT) VS. (RESPONDENT) APPELLANT BY: SHRI SANJEEV JAIN RESPONDENT BY: MS. DARSHANA SHAH O R D E R PER ASHA VIJAYARAGHAVAN (JM) THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER DATED 1.12.2009 PASSED BY THE LD. CIT(A)- 21 FOR TH E ASSESSMENT YEAR 1997-98. 2. THE RESPONDENT ASSESSEE IN THIS CASE IS A GOVERN MENT OF INDIA UNDERTAKING AND AS ADMITTED EVEN BY THE LD. D.R. AT THE TIME OF HEARING BEFORE US, AN APPROVAL OF C.O.D. (COMMITTEE ON DISP UTE) IS REQUIRED TO PROCEED IN THE MATTER OF THIS APPEAL FILED BY THE R EVENUE AS HELD BY THE HONBLE SUPREME COURT IN THE CASE OF ONGC VS. COLLE CTOR OF CENTRAL EXCISE 1992 (SUPPLEMENT 2) SCC 432. THE DEPARTMENT , HOWEVER, HAS NOT PLACED ON RECORD SUCH APPROVAL, IF ANY, OBTAINE D FROM THE C.O.D. WE, THEREFORE, DISMISS THIS APPEAL FILED BY THE REV ENUE FOR WANT OF SUCH APPROVAL. THE DEPARTMENT HOWEVER WILL BE AT LIBERTY TO MOVE THIS TRIBUNAL FOR RECALLING OF THIS ORDER AND RESTORATIO N OF ITS APPEAL IF THE REQUISITE APPROVAL OF C.O.D. IS OBTAINED IN FUTURE. ITA NO. 1280/M/10 2 5. IN THE RESULT, APPEAL FILED BY THE REVENUE STAND S DISMISSED. ORDER PRONOUNCED ON THIS 30 TH DAY OF NOVEMBER, 2010 SD/- SD/- (J. SUDHAKAR REDDY) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUD ICIAL MEMBER MUMBAI, DATED 30 TH NOVEMBER, 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR I BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI ITA NO. 1280/M/10 3 DATE INITIALS 1 DRAFT DICTATED ON: 25.11.2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 25.11.2010 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: _________ ______ 9. DATE OF DISPATCH OF ORDER: _________ ______