The DCIT, Circle-3(1), Range-3, Visakhapatnam V. M/s Dredging Corporation of India, Visakhapatnam

ITA 403/VIZ/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 2645 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-10-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 12-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH

Judgement Text

ITA 402 & 403/VIZ /2010 DREDGING CORPN OF INDIA, VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO S . 402&403 /VIZAG/ 20 1 0 ASSESSMENT YEAR S : 2003 - 04 & 2004 - 05 DC IT CIRCLE - 3(1) RANGE - 3 VISAKHAPATNAM M/S. DREDGING CORPORATION OF INDIA VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO. AAACD 6021B APPELLANT BY: SHRI D.S. SUNDER SINGH, DR RESPONDENT BY: SHRI G.V.N. HARI, CA ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : - THESE APPEALS ARE PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A), VISAKHAPATNAM. DURING THE COURSE OF HEARING, OUR ATTENTION WAS INVITED THAT THE ASSESSEE IS A PUBLIC SECTOR AND THE REVENUE HAS NOT OBTAINED THE APPROVAL OF CO MMITTEE OF DISPUTES (COD) FOR PROSECUTING THE SE APPEAL S . THE HON'BLE SUPREME COURT IN THE CASE OF OIL AND NATURAL GAS CORPORATION VS. COLLECTOR OF CENTRAL EXCISE [SUPPL (4) SCC 541] HAS HELD THAT THE APPROVAL OF COMMITTEE ON DISPUTES IS NECESSARY TO PRO SECUTE THE APPEALS BETWEEN A PUBLIC SECTOR UNDERTAKING AND CENTRAL GOVERNMENT. SINCE THE APPEAL S HA VE BEEN FILED O N 12.7.2010 AND TILL DATE THE REVENUE COULD NOT OBTAIN THE APPROVAL OF THE CODS, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED TO KEEP T H ESE APPEAL S PENDING. WE ACCORDINGLY DISMISS THE SAME FOR WANT OF CODS PERMISSION. WE HOWEVER, GRANT THE LIBERTY TO THE REVENUE TO APPROACH THE TRIBUNAL AS AND WHEN THEY OBTAIN THE PERMISSION FROM THE COD. THEREAFTER THE TRIBUNAL MAY EXAMINE THE REQUES T OF THE REVENUE ON MERIT AND MAY RECALL THIS ORDER OF THE TRIBUNAL. ITA 402 & 403/VIZ/2010 DREDGING CORPN OF INDIA, VSKP 2 3. IN THE RESULT, THE APPEAL S OF THE REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 25.11.2010 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JU DICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 25 TH NOVEMBER , 20 10 COPY TO 1 THE DCIT, CIRCLE - 3(1), RANGE3, VISAKHAPATNAM 2 M/S. DREDGING CORPORATION OF INDIA, DREDGE HOUSE, PORT AREA, VISAKHAPATNAM - 530 035. 3 THE CI T, VISAKHAPATNAM 4 THE CIT (A) , VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM