ACIT 1(3), MUMBAI V. THE NEW INDIA ASSURANCE CO. LTD, MUMBAI

ITA 5758/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1523 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 29-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A P SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, F, MUMBAI BEFORE SHRI R.S.SYAL, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA NO. 5758/MUM/2009 (ASSESSMENT YEAR 2005-06) ACIT 1(3) R.NO.540/564 5 TH FL, AAYAKAR BHAVAN, NEW MARINE LINES MUMBAI-400020 . APPELLANT VS THE NEW INDIA ASSURANCE CO.LTD., 87, MGD FORT, MUMBAI-400001. PAN:AAACN4165C .. RESPONDENT APPELLANT BY : SHRI A P SINGH RESPONDENT BY : NONE. O R D E R PER VIJAY PAL RAO,JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 12.08.2009 OF CIT(A)-XXI, MUMBAI FOR THE AS SESSMENT YEAR 2005-06. 2. THE BRIEF FACTS ARE THAT THE NEW INDIA ASSURAN CE CO. LIMITED IS A PUBLIC SECTOR UNDERTAKING OF THE GOVE RNMENT OF INDIA AND, THEREFORE, DIRECTIONS GIVEN BY THEIR LOR DSHIPS OF THE SUPREME COURT IN THE CASE OF OIL AND NATURAL GAS CO MMISSION (ONGC) V. COLLECTOR OF CENTRAL EXCISE 1992 (SUPP.II ) SCC 432 DATED 11.10.1991, ARE APPLICABLE. THEREFORE, IT IS NECESSARY ITA NO. 5758/MUM/2009 (ASSESSMENT YEAR 2005-06) 2 FOR THE REVENUE TO GET APPROVAL FROM THE COMMITTEE ON DISPUTES TO FILE AN APPEAL BEFORE THE TRIBUNAL 3. WE HAVE HEARD THE LEARNED DR, NONE APPEARED FOR AN ON BEHALF OF THE ASSESSEE. AT THE OUTSET, WE NOTE THAT THE COMMITTEE ON DISPUTES HAS NOT GRANTED THE APPROVAL TO THE REVENUE FOR FILING THE APPEAL BEFORE THE TRIBUNAL I N THIS MATTER. THE LEARNED DR ALSO CONCEDED THAT THE REVENUE COULD NOT GET THE NECESSARY APPROVAL SO FAR FROM THE COD FOR FIL ING OF THE APPEAL AS SOON AS IT WILL BE RECEIVED, THE SAME WIL L BE SUBMITTED BEFORE THE TRIBUNAL. 4. RESPECTFULLY FOLLOWING THE DECISION OF THE APEX COURT IN THE CASE OF OIL AND NATURAL GAS COMMISSION (ONGC) ( SUPRA), WE DISMISS THE APPEAL FILED BY THE REVENUE FOR WANT OF COD APPROVAL. IN CASE, THE REVENUE GETS THE APPROVAL AT LATER STAGE FROM THE COD, THE REVENUE IS AT LIBERTY TO FI LE THE REQUISITE APPLICATION FOR RESTORATION OF APPEAL TO THE CAUSE LIST. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS D ISMISSED FOR WANT OF COD APPROVAL. THE ORDER IS PRONOUNCED IN OPEN COURT ON 1 8.06.2010 SD SD (R.S.SYAL) (VIJ AY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 18 TH JUNE 2010 SRL:10610 ITA NO. 5758/MUM/2009 (ASSESSMENT YEAR 2005-06) 3 COPY TO: 1. ACIT 1(3) R.NO.540/564 5 TH FL, AAYAKAR BHAVAN, NEW MARINE LINES MUMBAI-400020 2. THE NEW INDIA ASSURANCE CO.LTD., 87, MGD FORT, MUMBAI-400001 3.. ACIT(1)(3), MUMBAI. 4. CIT(A)-XXI, MUMBAI. 4. CIT CITY -1, MUMBAI 5. DR F BENCH BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI