ACIT, CHENNAI V. M/s. Tamilnadu Urban Finance and Infrastructure Development Corporation Ltd., CHENNAI

MA 147/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6866 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 21-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: G BASKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] M.P.NOS.146 & 147/MDS/2011 [IN I.T.A NOS.79 & 80/MDS/2010] ASSESSMENT YEARS : 2005-06 AND 2006-07 THE ACIT COMPANY CIRCLE III(1) CHENNAI VS M/S TAMIL NADU URBAN FINANCE AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD NO.460/1-2 ANNA SALAI NANDANAM, CHENNAI 600 035 [PAN AAACT2840A ] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SHAJI P.JACOB, SR.DR RESPONDENT BY : SHRI G.BASKAR, ADVOCATE DATE OF HEARING : 26-08-2011 DATE OF PRONOUNCEMENT : 26-08-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THESE MISCELLANEOUS PETITIONS HAVE BEEN FILED B Y THE REVENUE FOR RECALLING OF THE TRIBUNAL ORDER DATED 3.6.2010, VIDE WHICH THE APPEALS OF THE REVENUE WERE DISMISSED FOR WANT OF P ERMISSION OF THE COMMITTEE ON DISPUTES(COD). THE REVENUE WAS GIVEN LIBERTY TO GET THE ORDER RECALLED ONCE IT OBTAINS THE REQUISITE CO D PERMISSION. MP 146 & 147/11 :- 2 -: 2. IT HAS BEEN PLEADED THAT IN VIEW OF THE DECISIO N OF HON'BLE SUPREME COURT RENDERED RECENTLY IN THE CASE OF ELEC TRONICS CORPORATION OF INDIA LTD VS UNION OF INDIA & OTHERS, 332 ITR 58 (SC), WHEREIN IT HAS BEEN CATEGORICALLY HELD THAT FOR PURSUING LITIGATIO N BETWEEN PSUS AND THE GOVERNMENT, THERE IS NO LONGER A NEED TO OBTAIN PERMISSION OF COD. THE REASON FOR ARRIVING AT THE ABOVE CONCLUSI ON HAS BEEN STATED TO BE THAT ALTHOUGH THE OBJECT IN GETTING COD PERMI SSION IS LAUDATORY BUT THE MECHANISM INVOLVED IN THE PROCESS LEADS TO DELAYS IN LITIGATION AND AS SUCH, THE MECHANISM HAS OUTLIVED ITS UTILITY . IT HAS BEEN OBSERVED BY THEIR LORDSHIPS THAT IN THE CHANGED SCE NARIO THE EXISTING DIRECTIONS TO OBTAIN COD PERMISSION HAS OUTLIVED SO IT IS BEING RECALLED AND HEREINAFTER, THERE IS NO NEED FOR SUCH PERMISSI ON OF COD TO PURSUE LITIGATION BETWEEN PSUS AND GOVERNMENT. SINCE THE JUDGMENT OF APEX COURT BECOMES THE LAW OF THE LAND IN VIEW OF ARTICL E 141 OF THE CONSTITUTION OF INDIA, IT WOULD BE DEEMED THAT ON T HE DATE OF JUDGMENT PASSED ON 3.6.2010 BY THIS BENCH THERE WAS NO NEED FOR PERMISSION OF THE COD TO PURSUE THE DISPUTE BY THE PETITIONER AGA INST THE INCOME- TAX DEPARTMENT OF GOVERNMENT OF INDIA. SINCE A MIS TAKE APPARENT FROM RECORD HAS CREPT INTO THE TRIBUNALS ORDER, WE RECALL IT AND DIRECT THE REGISTRY TO FIX THE APPEALS FOR HEARING ON 14.1 2.2011. ACCORDINGLY, WE ALLOW THE MISCELLANEOUS PETITIONS FILED BY THE R EVENUE MP 146 & 147/11 :- 3 -: 3. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE NOTICE OF THE BENCH BY THE LD.AR THAT SIMILAR APPEALS OF THE ASS ESSEE IN I.T.A.NOS. 5 & 6/MDS/2010 WERE ALSO DISMISSED VIDE ORDER DATED 22.3.2010 FOR WANT OF COD PERMISSION. SO, WE THOUGHT IT PROPER T O RECALL THOSE APPEALS FILED BY THE ASSESSEE ALSO. WE, THEREFORE, RECALL THE ORDER DATED 22.3.2010 PASSED IN ASSESSEES CASE IN I.T.A. NOS.5 & 6/MDS/2010. AND DIRECT THE REGISTRY TO FIX THESE APPEALS ALSO ON 14.12.2011 TOGETHER WITH THE APPEALS OF THE REVENUE IN I.T.A.NO. 79 & 80/MDS/2010. 4. IN THE RESULT, THE MISCELLANEOUS PETITIONS FI LED BY THE REVENUE STAND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26. 8.2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 26 TH AUGUST, 2011 RD : COPY TO: 1. PETITIONER 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR