THE STATE BANK OF INDORE, Indore V. THE ACIT 5(1), Indore

MA 138/IND/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0280 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 19-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K KARAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AA ECS7776C M.A.NO.13 8 /IND/2012 (ARISING OUT OF I.T.A.NO. 25/IND/2009) A.Y. : 200 6 - 07 STATE BANK OF INDORE, INDORE. ACIT, 5(1), VS INDORE APPELLANT RESPONDENT APPELLANT BY : SHRI C.NARESH, C. A. RESPONDENT BY : SHRI V. K. KA R AN, CIT DR DATE OF HEARING : 05 . 0 4 .201 3 DATE OF PRONOUNCEMENT : 08 . 0 4 .201 3 O R D E R PER R. C. SHARMA, A.M. THIS MISC. APPLICATION IS FILED BY THE ASSESSEE IN RESPECT OF THE ORDER PASSED BY THE TRIBUNAL DATED 28 TH FEBRUARY, 2011, IN I.T.A.NOS. 24 & 25/IND/2009. IN THIS ORDER, ASSE SSEES CLAIM FOR EXPENDITURE INCURRED ON CONTRIBUTION TO RETIRED EMPLOYEES MEDICAL BENEFIT SCHEME, WAS NOT CONSIDERED, BECAUSE -: 2: - 2 COD APPROVAL WAS NOT GRANTED ON THIS ISSUE. HON'BLE SUPREME COURT IN ITS ORDER IN THE CASE OF ELECTRONICS CORPO RATION OF INDIA LIMITED, 328 ITR 58, HAD HELD THAT NO COD APP ROVAL IS REQUIRED IN CASE OF PSU. IN VIEW OF THE DECISION OF HON'BLE SUPREME COURT, WE RECALL THE ORDER OF TRIBUNAL TO T HE EXTENT OF GROUND DISMISSED FOR NON FILING OF COD. 2. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED IN PART. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL, 2013. SD/ - SD/ - (JOGINDER SINGH) (R. C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 8 TH APRIL, 2013. CPU* 564