Bangalore Electricity Supply Company Ltd., Bangalore V. DCIT, Bangalore

MA 25/BANG/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6170 (ITAT-BANGALORE)
• Duration Of Justice: 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 28-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRITA RANJAN
• Assessee Lawyers: V SRIDHAR F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.P. NO.25/BANG/2011 (IN ITA NO. 359/BANG/09) ASSESSMENT YEAR : 2005-06 BANGALORE ELECTRIC SUPPLY COMPANY LTD., CORPORATE OFFICER, IV FLOOR, K.R. CIRCLE, BANGALORE 560 001. : APPLICANT VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(2), BANGALORE. : RESPONDENT APPLICANT BY : SHRI V. SRIDHAR, F.C.A. RESPONDENT BY : SMT. AMRITA RANJAN, ADDL.CIT(DR) O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESS EE SEEKING TO RECALL THE ORDER OF THE TRIBUNAL DATED 11.09.2009 AND FOR RESTORATION OF THE APPEAL. 2. THE LD. AR SUBMITTED THAT THE TRIBUNAL VIDE ORDER D ATED 11.09.2009 DISMISSED THE APPEAL OF THE ASSESSEE IN ITA NO.359/ B/09 FOR THE ASSESSMENT YEAR ITA NO.MP 25/BANG/11 PAGE 2 OF 3 2005-06 FOR WANT OF COD APPROVAL RELYING UPON THE D ECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ONGC V. CCE [1995] SUPP 4 SCC 541 AND OTHER CASES. HE SUBMITTED THAT THE HONBLE SUPREME COURT IN THE RECENT JUDGMENT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA V. UOI & ORS. REPORTED IN [2011] 332 ITR 58 (SC) HAS RECALLED ITS EARLIER ORDERS ON THE ISSUE OF REQUIREMENT OF COD APPROVAL TO PROSECUTE T HE APPEAL. A COPY OF THE JUDGMENT REPORTED IN 332 ITR 58 IS FILED ON REC ORD. IN VIEW OF THE SAME, HE SUBMITTED THE ORDER OF THE TRIBUNAL DATED 11.09. 2009 REQUIRES TO BE RECALLED AND THE APPEAL BE RESTORED FOR HEARING ON MERITS. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE HAVE ALSO GONE THROUGH THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UOI & ORS. (SUPRA), WHEREIN IT HAS BEEN HELD THE MECHANISM OF THE COMMITTEE ON DISPUTES SUGGESTED BY THE SUPREME COURT HAS OUTLIVE D ITS UTILITY, AND IN VIEW OF THE CHANGED SCENARIO THE EARLIER ORDERS OF THE SUPREME COURT IN CERTAIN CASES OF ONGC ARE REQUIRED TO BE RECALLED. RESPECTFULLY FOLLOWING THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CA SE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UOI & ORS. REPORTED IN 332 ITR 58 , WE RECALL THE ORDER OF THE TRIBUNAL DATED 11.09.2009 AND RESTORE THE SAME FOR HEARING ON MERITS. THE REGISTRY IS DIRECTED TO POST THE CA SE FOR HEARING IN THE NORMAL COURSE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED. ITA NO.MP 25/BANG/11 PAGE 3 OF 3 PRONOUNCED IN THE OPEN COURT ON THIS 25 TH DAY OF MARCH, 2011. SD/- SD/- ( SMT. P. MADHAVI DEVI ) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 25 TH MARCH, 2011. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.