ACIT 2(1), MUMBAI V. BANK OF BARODA, MUMBAI

ITA 1953/MUM/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8622 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-11-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 30-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARIGOVIND SINGH
• Assessee Lawyers: C C DALAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA. NO. 1953/MUM/2009 ASSESSMENT YEAR 2001-2002 ACIT 2 (1) MUMBAI 400 020 VS. M/S. BANK OF BARODA MUMBAI 400 051 PAN AAACB1534F (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI HARI GOVIND SINGH, (DR) FOR RESPONDENT : SHRI C.C. DALAL ORDER PER D. MANMOHAN, V.P. 1. THIS APPEAL ARISES OUT OF THE ORDER PASSED BY T HE CIT(A)- II, MUMBAI AND IT PERTAINS TO THE ASSESSMENT YEAR 2 001-2002. 2. AT THE TIME OF HEARING LEARNED DR SUBMITTED THA T ASSESSEE-COMPANY IS A GOVERNMENT OF INDIA UNDERTAKI NG. IN THE LIGHT OF DECISION OF THE APEX COURT IN THE CASE OF ONGC V S. COLLECTOR OF CENTRAL EXCISE 104 CTR 31 (S.C) CLEARANCE HAS TO BE OBTAINED FROM COMMITTEE ON DISPUTES TO ENABLE THE PARTY TO PREFER AN APPEAL BEFORE THE APPELLATE TRIBUNAL. THOUGH THE APPEAL WAS FILED ON 30-3-2009 AND ADJOURNED FROM TIME TO TIME TILL DATE, THE LEARNED DR WAS UNABLE TO FURNISH ANY INFORMATION AS TO WHETHER CLEARANCE WAS OBTAINED FROM THE COMMITTEE ON DISPUTES. THERE IS NOTHING ON REC ORD TO SUGGEST THAT REVENUE HAS MADE ANY APPLICATION IN THIS REGAR D. UNDER THESE CIRCUMSTANCES, WE DISMISS THE APPEAL FILED BY THE R EVENUE FOR WANT OF CLEARANCE FROM THE COD, IN THE LIGHT OF THE DECISIO N OF THE APEX COURT (SUPRA). HOWEVER, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALL OF THIS ORDER IN THE EVENT OF OBTAINING CLEA RANCE FROM THE COMMITTEE AT A LATER POINT OF TIME. WITH THESE OBSE RVATIONS, AS 2 PRONOUNCED IN THE OPEN COURT, THE APPEAL FILED BY T HE REVENUE IS DISMISSED. PRONOUNCED ACCORDINGLY IN THE OPEN COURT, ON THIS THE 02 ND DAY OF FEBRUARY, 2011. SD/- SD/- (PRAMOD KUMAR) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 02 ND FEBRUARY, 2011. VBP/- COPY TO 1. ACIT 2 (1), AAYAKAR BHAVAN, R.NO. 561, 5 TH FLOOR, M.K. ROAD, MUMBAI 400 020 2. M/S. BANK OF BARODA, BARODA CORPORATION CENTRE, C-26, G-BLOCK, BANDRA-KURLA COMPLEX, BANDRA, MUMBAI 400 051PAN A AACB1534F 3. CIT(A)-II, MUMBAI. 4. CIT, CITY-II, MUMBAI 5. DR B BENCH 6. GUARD FILE (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES