The Addl.CIT., Range-1, Bhavnagar V. State Bank of Saurashtra, Bhavnagar

ITA 3532/AHD/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 9905 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-09-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 24-10-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK JOHRI
• Assessee Lawyers: RASESH SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD B BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND T.K. SHARMA, JUDICIAL MEMBER) ITA.NO.3532/AHD/2008 [ASSTT. YEAR : 2006-2007] ACIT, RANGE-1 BHAVNAGAR. VS. STATE BANK OF SAURASHTRA NILAMBAUG CHOWK BHAVNAGAR. PAN : AACCS 9880 R (APPELLANT) (RESPONDENT) REVENUE BY : SHRI ALOK JOHRI ASSESSEE BY : SHRI RASESH SHAH O R D E R G.D. AGARWAL, VICE-PRESIDENT : THIS IS REVENUES APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XX, AHM EDABAD DATED 30.07.2008 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER P ASSED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961. 2. IN THIS CASE THE ASSESSEE IS THE STATE BANK OF S AURASHTRA, WHICH IS A PUBLIC SECTOR BANK. IN THE CASE OF O.N.G.C. VS. COLLECTOR OF CENTRAL EXCISE, 104 CTR 312 (SC), THE HONBLE APEX COURT HAS DIRECTED THAT NO L ITIGATION BETWEEN THE GOVERNMENT AND ANY OTHER DEPARTMENT OF THE GOVERNMENT OR PUBLI C SECTOR UNDERTAKING SHALL BE PROCEEDED WITH BEFORE ANY COURT OR TRIBUNAL UNLESS THE APPROVAL OF A HIGH POWER COMMITTEE KNOWN AS COMMITTEE OF DISPUTES (COD) IS O BTAINED. ADMITTEDLY, THE REVENUE HAS NOT OBTAINED THE APPROVAL OF COD AND, T HEREFORE, IN VIEW OF THE ABOVE DECISION OF THE HONBLE APEX COURT, THE APPEAL BY T HE ASSESSEE CANNOT BE PROCEEDED WITH. ACCORDINGLY, THE SAME IS BEING DISMISSED IN LIMINE . HOWEVER, IF AT A LATER DATE THE REVENUE PRODUCES THE REQUIRED APPROVAL FROM THE COD, IT WILL BE AT LIBERTY TO REQUEST THE TRIBUNAL FOR RESTORATION OF THIS APPEAL UNDER CONSIDERATION. 3. IN RESULT, THE REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 29 TH SEPTEMBER, 2010. SD/- SD/- (T.K. SHARMA) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 29-09-2010 ITA.NO.3532/AHD/2008 -2- COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD