ACIT, Deoghar V. Agricultural Produce Market Comittee, Deoghar

MA 16/RAN/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7872 (ITAT-RANCHI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-02-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 27-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARSHWARDHAN PD SR S C
• Assessee Lawyers: SHIKESH JHA ADOVCATE

Judgement Text

MA NOS.16/RANCHI/2011 IN ITA NO.97/RANCHI/2011 AGRICULTURAL PRODUCE MARKET COMMITTEE, DEOGHAR 1 IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE: SHRI B.R. MITTAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA NOS. 16 /RANCHI/201 1 (ARISING OUT OF ITA NO.97/RANCHI/2011) ASSESSMENT YEAR : 2005 - 06 ACIT, CIRCLE - III DEOGHAR VS. AGRICULTURAL PRODUCE MARKET COMMITTEE DEOGHAR (APPELLANT) (RESPONDENT) PAN NO.AAALA 0483F APPELLANT BY: SRI HARSHWARDHAN PD , SR. S.C. RESPONDENT BY: SHRI SHIKESH JHA, ADOVCATE DATE OF HEAR I NG: 1 7.0 2.2012 DA TE OF PRONOUNCEMENT: 17 .02.2012 ORDER PER B.R. MITTAL, JUDICIAL MEMBER:- BY THESE MISCELLANEOUS APPLICATION U/S 254(2) OF THE INCOME-TAX ACT, THE DEPARTMENT HAS PRAYED TO RECALL THE ORDER OF TH E TRIBUNAL DATED 29.11.2010 PASSED IN ITA NO.97/RANCHI/2010 FOR ASSE SSMENT YEAR 2005-06. IT IS STATED IN THE APPLICATION THAT THE APPEAL OF THE DEPARTMENT WAS DISMISSED ON THE GROUND THAT NO COD APPROVAL WAS OB TAINED BEFORE FILING THE APPEAL. HOWEVER, THE TRIBUNAL WHILE DISMISSING THE APPEAL OF THE DEPARTMENT STATED THAT AFTER OBTAINING APPROVAL OF COD, THE DE PARTMENT IS AT LIBERTY TO SEEK RESTORATION OF APPEAL. 2. DURING THE COURSE OF HEARING, LD. D.R. SUBMITTED THAT IN VIEW OF THE DECISION OF THE HONBLE APEX COURT IN THE CASE OF E LECTRONICS CORPORATION OF INDIA LIMITED VS. UNION OF INDIA AND OTHERS 332 ITR 58, THE HONBLE APEX COURT HAS RECALLED ITS EARLIER ORDER AND CONSEQUENT IALLY NO APPROVAL FROM COD IS REQUIRED TO FILE THE APPEAL. HE FURTHER SUBMITT ED THAT THE APPROVAL OF COD IS STILL AWAITED. THE LD. D.R. SUBMITTED THAT THE SAID ORDER OF THE TRIBUNAL BE MA NOS.16/RANCHI/2011 IN ITA NO.97/RANCHI/2011 AGRICULTURAL PRODUCE MARKET COMMITTEE, DEOGHAR 2 RECALLED AS NO APPROVAL FROM COD IS REQUIRED IN VIE W OF THE PRESENT POSITION OF LAW. ON BEHALF OF THE ASSESSEE, THERE WAS NO OB JECTION TO RECALL THE SAID ORDER OF THE TRIBUNAL DATED 29.11.2010. 3. IN VIEW OF THE ABOVE SUBMISSIONS OF THE LD. REPR ESENTATIVES OF BOTH THE PARTIES AND CONSIDERING THAT THE HONBLE APEX C OURT HAS RECALLED ITS EARLIER ORDER TO OBTAIN COD APPROVAL BEFORE FILING THE APPE ALS BY GOVERNMENT DEPARTMENTS AND/OR PUBLIC SECTOR UNDERTAKINGS AND/O R STATUTORY BODIES, WE IN THE INTEREST OF JUSTICE RECALL THE ORDER OF THE TRI BUNAL DATED 29.11.2010 PASSED IN ITA NO.97/RANCHI/2010. THE REGISTRY IS D IRECTED TO FIX THE APPEAL FOR HEARING BEFORE THE BENCH AFTER GIVING NOTICES T O BOTH THE PARTIES. 4. IN THE RESULT, THE APPLICATION OF THE DEPARTMENT IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 17.02.2012 SD/ - SD/ - ( SHAMIM YAH Y A ) ( B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS RANCHI, DATED 17 TH FEBRUARY, 2012 COPY TO 1 ACIT, CIRCLE - III, DEOGHAR 2 AGRICULTURAL PRODUCE MARKET COMMITTEE, BAIJNATHPUR, DEOGHAR, JHARKHAND 3 CIT, DHANBAD (JHARKHAND) 4 THE CIT (A) , DHANBAD 5 THE DR, ITAT, DHANBAD 6 GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RANCHI/PATNA