ACIT, CHENNAI V. M/s. Neyveli Lignite Corporation Ltd., Cuddalore

MA 166/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6831 (ITAT-CHENNAI)
• Duration Of Justice: 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 1997-1998
• Appeal Filed On: 24-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SAROJ KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER] M.P.NOS.165 TO 167/MDS/2011 [ARISING OUT OF I .T.A NOS. 220, 221 & 223 /MDS/200 9] ASSESSMENT YEARS : 1996-97, 1997-98 AND 2001-0 2 THE DY.CIT LARGE TAXPAYER UNIT CHENNAI VS M/S NEYVELI LIGNITE CORPORATION LTD CORPORATE OFFICE P.O.NEYVELI 607 801 CUDDALORE DISTRICT [PAN AAACN1121C] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SANJAY DESHMUKH, DR RESPONDENT BY : SHRI SAROJ KUMAR, ADVOCATE DATE OF HEARING : 23-09-2011 DATE OF PRONOUNCEMENT : 23-09-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THROUGH THESE MISCELLANEOUS PETITIO NS, THE REVENUE HAS SOUGHT RECALLING OF THE COMMON ORDER OF THIS TRIBUN AL DATED 23.7.2009 IN ITA NOS. 220,221 & 223/MDS/2009, FOR ASSESSMENT YEARS 1996-97, 1997-98 AND 2001-02. 2. IT HAS BEEN PLEADED THAT IN VIEW OF THE DEC ISION OF HON'BLE SUPREME COURT RENDERED RECENTLY IN THE CASE OF ELEC TRONICS CORPORATION OF INDIA LTD VS UNION OF INDIA, 2011-TIOL-18-SC-CX- CB, JUDGMENT DATED 17.2.2011, IN CIVIL APPEAL NO.1883 OF 2011 M.P 165 TO 167/11 :- 2 -: SLP(C) NO.2538 OF 2009, IT HAS BEEN CATEGORICALLY H ELD THAT FOR PURSUING LITIGATION BETWEEN PSUS AND THE GOVERNMENT , THERE IS NO LONGER A NEED TO OBTAIN PERMISSION OF COD. THE REA SON FOR ARRIVING AT THE ABOVE CONCLUSION HAS BEEN STATED TO BE THAT ALT HOUGH THE OBJECT IN GETTING COD PERMISSION IS LAUDATORY BUT THE MECHANI SM 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 SCENARIO THE EXISTING DIRECTIONS TO OBT AIN COD PERMISSION HAS OUTLIVED SO IT IS BEING RECALLED AND HEREINAFTE R, THERE IS NO NEED FOR SUCH PERMISSION OF COD TO PURSUE LITIGATION BETWEEN PSUS AND GOVERNMENT. IN VIEW OF THE ABOVE DECISION, A MIST AKE APPARENT FROM RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL, T HEREFORE, WE RECALL THE SAME AND DIRECT THE REGISTRY TO FIX THESE APPEA LS FOR HEARING IN DUE COURSE. 3. IN THE RESULT, THE MISCELLANEOUS PETITIONS STA ND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 -09-2011 SD/- SD/- (N.S.SAINI) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 23 RD SEPTEMBER, 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR