ACIT, CHENNAI V. M/s. Chennai Petroleum Corporation Ltd., CHENNAI

MA 192/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7129 (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: 2005-2006
• Appeal Filed On: 24-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A C JOSEPH IRS

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. 192/MDS/2011 [IN I.T.A. NO. 439/MDS/2009] ASSESSMENT YEAR: 2005-06 THE ASSISTANT COMMISSIONER OF INCOME TAX, LARGE TAXPAYER UNIT, CHENNAI 600 101. VS. M/S. CHENNAI PETROLEUM CORPORATION LTD., REFINERY HOUSE, MANALI, CHENNAI 600 068. [PAN:AAACM4392C] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI A.C. JOSEPH, I.R.S., (JCIT) ASSESSEE BY : S HRI SAROJ KUMAR PARIDA, ADVOCATE 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 AND READS AS UNDER: THE ABOVE REFERRED APPEAL WAS DISMISSED BY THE HO NBLE ITAT VIDE ORDER DT. 05.11.09 ABOVE, FOR WANT OF APPROVAL FROM THE COMMITTEE ON DISPUTES. IN THIS CONNECTION, THE ATTE NTION OF THE HONBLE ITAT IS INVITED TO THE DECISION OF THE FIVE MEMBER BENCH OF THE HONBLE SUPREME COURT OF INDIA IN THE CASE OF M /S. ELECTRONICS CORPORATION OF INDIA VS. UOI (CIVIL APPEAL NO. 1883 OF 2011 ARISING OUT OF SLP(C) NO. 2538 OF 2009 DT. 17.02.11), WHEREIN T HE APEX COURT HAVE RECALLED THEIR DIRECTIONS FOR OBTAINING CLEARA NCE FROM COD FOR FILING/PURSUING APPEALS IN THE CASE OF PUBLIC SECTO R UNDERTAKINGS. 2. SINCE THE HONBLE APEX COURT HAS OVERTURNED ITS EARLIER VIEW AND HAS HELD THAT HENCE FORTH THERE IS NO NEED FOR OBTAININ G COD APPROVAL FOR M.P. M.P. M.P. M.P. NO. NO. NO. NO.19 1919 192 22 2/ // /MDS/ MDS/ MDS/ MDS/11 1111 11 2 PURSUING DISPUTES INTER-SE PUBLIC SECTOR UNDERTAKIN G/GOVERNMENT DEPARTMENTS. ACCORDINGLY, WE RECALL THE ORDER IN QU ESTION AND DIRECT THE REGISTRY TO FIX THIS APPEAL ON 07.02.2012. BOTH THE PARTIES WERE INFORMED IN THE OPEN COURT. ACCORDINGLY THIS MISCELLANEOUS PETI TION 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.