ACIT, CHENNAI V. M/s. United India Insurance Co. Ltd., CHENNAI

MA 180/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6837 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• 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 C BENCH : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER] M.P.NO.180/MDS/2011 [ARISING OUT OF I .T.A NO. 892/MDS/2007] ASSESSMENT YEAR : 2003-04 THE ACIT COMPANY CIRCLE III(3) CHENNAI VS M/S UNITED INDIA INSURANCE CO. LTD NO.24, WHITES ROAD CHENNAI 600 014 [PAN AAACU 5552 C] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SANJAY DESHMUKH, DR RESPONDENT BY : SHRI SAROJ KUMAR, ADVOCATE DATE OF HEARING : 30-09-2011 DATE OF PRONOUNCEMENT : 30-09-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THROUGH THIS MISCELLANEOUS PETITION , THE REVENUE HAS SOUGHT RECALLING OF THE ORDER OF THIS TRIBUNAL DATE D 22.4.2008 IN ITA NO. 892/MDS/2007, FOR ASSESSMENT YEAR 2003-04. 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 180/11 :- 2 -: ARISING OUT OF SLP(C) NO.2538 OF 2009, IT HAS BEEN CATEGORICALLY HELD THAT FOR PURSUING LITIGATION BETWEEN PSUS AND THE G OVERNMENT, THERE IS NO LONGER A NEED TO OBTAIN PERMISSION OF COD. THE REASON FOR ARRIVING AT THE ABOVE CONCLUSION HAS BEEN STATED TO BE THAT ALTHOUGH THE OBJECT IN GETTING COD PERMISSION IS LAUDATORY BUT THE MECH ANISM INVOLVED IN THE PROCESS LEADS TO DELAYS IN LITIGATION AND AS SU CH, THE MECHANISM HAS OUTLIVED ITS UTILITY. IT HAS BEEN OBSERVE D BY THEIR LORDSHIPS THAT IN THE CHANGED SCENARIO THE EXISTING DIRECTIONS TO OBTAIN COD PERMISSION HAS OUTLIVED SO IT IS BEING RECALLED AND HEREINAFTER, THERE IS NO NEED FOR SUCH PERMISSION OF COD TO PURSUE LITIGA TION BETWEEN PSUS AND GOVERNMENT. IN VIEW OF THE ABOVE DECISION, A MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE ORDER OF THE TRIBUN AL, THEREFORE, WE RECALL THE SAME AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING IN DUE COURSE. 3. IN THE RESULT, THE MISCELLANEOUS PETITION STAN DS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 -09-2011 SD/- SD/- (N.S.SAINI) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 30 TH SEPTEMBER, 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR