DCIT, New Delhi V. M/s. State Farms Corporations of India Ltd., New Delhi

MA 178/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7516 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 03-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: P N MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH FRIDAY-G NEW DELHI) BEFORE SHRI RAJPAL YADAV AND SHRI B.C. MEENA MISC. APPLICATION NO.178/DEL/2011 ( IN I.T.A. NO. 3557/DEL/2010) ASSESSME NT YEAR: 2007-08 DEPUTY CIT, VS. STATE FARM CORPORATION OF INDIA CIRCLE 9(1), LTD., FARMS BHAWAN, NEW DELHI. 14-15, NEHRU PLACE, N.DELHI (PIN:AAHCS0113N) (APPLICANT) (RESPONDENT) APPELLANT BY: SHRI BRR KUMAR, DR RESPONDENT BY: SHRI PN MEHTA, CA ORDER PER RAJPAL YADAV: JUDICIAL MEMBER THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF THE REVENUE. THE REVENUE HAS PLEADED THAT ITS APPEA L WAS DISMISSED BY THE ITAT FOR WANT OF COD APPROVAL. THE ITAT HAS PASSED THE ORDER ON 27 TH SEPTEMBER, 2010 WHEREBY IT GAVE A LIBERTY TO THE R EVENUE THAT IN THE EVENT, IT GOT THE APPROVAL FROM COD, THEN IT WILL GET ITS AP PEAL REVIVED. THE REVENUE HAD PLEADED THE HON'BLE SUPREME COURT IN ITS ORDER DATED 17.2.2011 PASSED IN THE CASE OF ELECTRICITY CORPORATION OF INDIA LTD . VS. UNION OF INDIA & ORS. IN CIVIL APPEAL NO.1883 OF 2001 HAD RECALLED THE EA RLIER ORDER CONSTITUTING THE COD. THUS THE MECHANISM OF COD IS NO MORE IN EX ISTENCE FROM WHERE REVENUE COULD GET AN APPROVAL. IT PRAYED THAT IN VI EW OF THE LATER DECISION OF 2 THE HON'BLE SUPREME COURT, THE CONDITIONS REQUIRING THE APPROVAL OF COD IS NO MORE RELEVANT AND ITS APPEAL DESERVES TO BE DECI DED ON MERIT. THE LEARNED COUNSEL FOR THE ASSESSEE WAS UNABLE TO CONTROVERT T HE SUBMISSIONS MADE BY THE LEARNED DR. 2. WE HAVE DULY CONSIDERED THE CONTENTIONS OF THE L EARNED DR AND GONE THROUGH THE RECORD CAREFULLY. WHEN THE APPEAL OF TH E REVENUE WAS DISMISSED FOR WANT OF APPROVAL OF COD, THE MECHANISM TO GET S UCH APPROVAL WAS AVAILABLE, HOWEVER, THE HON'BLE SUPREME COURT IN IT S ORDER DATED 17.2.2011 HAS DISSOLVED THE MECHANISM OF COD, THEREFORE, REVE NUE CANNOT GET SUCH APPROVAL. IN THESE SITUATIONS, ITS APPEAL DESERVES TO BE DECIDED ON MERIT. WE RECALL OUR ORDER DATED 27 TH SEPTEMBER, 2010 AND DIRECT THE REGISTRY TO RESTORE THE APPEAL BEARING ITA NO. 3557/DEL/2010 AND CROSS- OBJECTION NO.291/DEL/2010 FOR ASSESSMENT YEAR 2007-08 TO THEI R ORIGINAL NUMBER. THE REGISTRY SHALL FIX THE APPEAL AND THE CROSS OBJECTI ONS FOR HEARING ON 04.04.2012. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 20.01.201 2 SD/- SD/- ( B.C. MEENA ) ( RAJPAL Y ADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 20 /01/2012 MOHAN LAL 3 COPY FORWARDED TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR:ITAT ASSISTANT REGISTRAR