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

MA 191/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7127 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 18-11-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 24-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A C JOSEPH IRS
• Assessee Lawyers: G SITARAMAN

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL CHENNAI D BENCH, CHENNAI. BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER M.P. NO. 191/MDS/2011 [IN I.T.A. NO. 217/MDS/2009] ASSESSMENT YEAR: 2004-05 THE DEPUTY COMMISSIONER OF INCOME TAX, LARGE TAXPAYER UNIT, CHENNAI 600 101. VS. M/S. UNITED INDIA INSURANCE CO. LIMITED, 24, WHITES ROAD, CHENNAI 600 014. [PAN:AAACU5552C] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI A.C. JOSEPH, I.R.S., (JCIT) ASSESSEE BY : SHRI G. SITARAMAN, C.A. DATE OF HEARING : 18.11.2011 DATE OF PRONOUNCEMENT 18.11.2011 ORDER PER HARI OM MARATHA, J.M. THIS MISCELLANEOUS PETITION HAS BEEN FILED BY THE REVENUE IN RELATION TO TRIBUNALS ORDER DATED 26.11.2010 IN THE ABOVE C APTIONED CASE, VIDE WHICH THE APPEAL OF THE REVENUE WAS DISMISSED FOR W ANT OF APPROVAL FROM THE COMMITTEE ON DISPUTES [COD]. 2. SINCE THE HONBLE APEX COURT HAS OVERTURNED ITS EARLIER VIEW AND HAS TAKEN A FRESH VIEW THAT SUCH APPROVAL IS NO LONGER REQUIRED TO BE OBTAINED. ACCORDINGLY, BY FOLLOWING THE DECISION OF HONBLE S UPREME COURT RENDERED IN THE CASE OF M/S. ELECTRONICS CORPORATION OF INDIA V S. UOI (CIVIL APPEAL NO. 1883 OF 2011 ARISING OUT OF SLP(C) NO. 2538 OF 2009 DT. 17.02.11), WE RECALL M.P. M.P. M.P. M.P. NO. NO. NO. NO.199 199199 199/ // /MDS/ MDS/ MDS/ MDS/11 1111 11 2 THE ORDER IN QUESTION AND DIRECT THE REGISTRY TO FI X THIS APPEAL ON 06.02.2012. BOTH THE PARTIES WERE INFORMED IN THE OPEN COURT. A CCORDINGLY THIS MISCELLANEOUS PETITION STANDS ALLOWED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION OF T HE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.11.2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER CHENNAI, DATED, THE 18.11.2011 VM/- TO: THE ASSESSEE//A.O./CIT(A)/CIT/D.R.