ACIT, New Delhi V. M/s. C.G.E.C. Co-op Society Ltd., New Delhi

MA 252/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8011 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-05-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 17-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURJANI MOHANTY
• Assessee Lawyers: APPLICATION REJECTED
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY NEW DELHI DELHI BENCH : FRIDAY NEW DELHI DELHI BENCH : FRIDAY NEW DELHI DELHI BENCH : FRIDAY NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI K.G. BANSAL, ACCOUNTANT MEMBER MA NO. 252/DEL/11 (IN ITA NO. 1835/D/2010) ASSTT. YEAR 2005-06 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 23(1), NEW DELHI. VS. M/S. C.G.E.C. CO-OP. SOCIETY LTD. E-WIND, PUSHPA BHAWAN, MADAN GIRI ROAD, NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SMT. SURJANI MOHANTY, SR. DR. RESPONDENT BY: APPLICATION REJECTED DATE OF HEARING : 25-05-2012 DATE OF PRONOUNCEMENT : 25-05-2012 ORDER PER K.G. BANSAL, AM: IN THIS CASE, THE REVENUE HAD TAKEN ONLY ONE GROU ND TO THE EFFECT THAT THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF ` 19.80 LACS IGNORING THE FACT THAT THE ASSESSEE HAD CLAIMED DEDUCTION U/ S 80P OF THE INCOME TAX ACT 1961, AND THEREFORE THE AO HAD DISALLOWED T HE EXPENSES FOLLOWING THE PROVISIONS CONTAINED IN SECTION 14A OF THE ACT AND RULE 8 D OF THE INCOME TAX RULES, 1962. THIS APPEAL WAS DISMISSED B Y THE TRIBUNAL IN MA NO. 252/DEL/11 ASSTT. YEAR 2005-06 2 LIMINE ON 11.2.2011 ON THE GROUND THAT THE REVENUE HAS NOT OBTAINED THE PREVIOUS APPROVAL OF THE COD FOR FILING THE APPEAL. NOW THE AO HAS MOVED A MISCELLANEOUS APPLICATION DATED 16.8.2011 REQUEST ING FOR THE RECALL OF THE ORDER ON THE GROUND THAT THE HONBLE SUPREME CO URT HAS DISPENSED WITH THE REQUIREMENT OF THE APPROVAL IN THE CASE OF ELECTRONICS CORPORATION OF INDIA VS. UNION OF INDIA, CIVIL APP EAL NO. 1883 OF 2011 DATED 17.2.2011. 2. IN RESPONSE TO THE NOTICE OF HEARING ON 25.5.201 2, THE ASSESSEE MOVED AN APPLICATION OF ADJOURNMENT ON THE GROUND T HAT THE NOTICE RECEIVED FROM THE TRIBUNAL IS NOT ACCOMPANIED BY AN Y OTHER DOCUMENT. THIS APPLICATION WAS REJECTED ON THE GROUND THAT TH E PREVIOUS APPROVAL OF THE COD FOR FILING APPEAL IS NO LONGER REQUIRED IN VIEW OF THE AFORESAID DECISION OF THE APEX COURT. BEING THE DECISION OF T HE SUPREME COURT, IT PROVIDES SUFFICIENT BASE FOR PASSING ORDER U/S 254 (2) OF THE ACT. LD. SR. DR EXPLAINED THAT THE HONBLE TRIBUNAL HAD MENTIONED I N PARAGRAPH NO. 2.3 OF THE ORDER THAT THE APPEAL IS DISMISSED WITH THE REVENUE RETAINING THE OPTION TO REVIVE IT ON RECEIPT OF THE APPROVAL OF T HE COD. NOW THE COD HAS BECOME DEFUNCT AND NO SUCH APPROVAL CAN BE OBTAINED . ACCORDINGLY IT IS AGITATED THAT THE ORDER MAY BE RECALLED SO THAT THE APPEAL MAY BE DECIDED ON MERITS. WE HAVE CONSIDERED THE FACTS OF THE CASE AND SUBMISSIONS MADE BEFORE US. WE FIND THAT THE AVERME NTS MADE IN THE APPLICATION BY RELYING ON THE DECISION IN THE CASE OF ELECTRONICS CORPORATION OF INDIA AND SUBMISSIONS MADE BY THE LD . SR. DR ARE JUSTIFIED MA NO. 252/DEL/11 ASSTT. YEAR 2005-06 3 IN LAW. THEREFORE, THE ORDER DATED 11.2.2011 IS REC ALLED WITH A VIEW TO DISPOSE OFF THE APPEAL ON MERITS. 3. THE APPEAL IS FIXED FOR HEARING ON 9.8.2012. THI S DATE WAS INFORMED IN THE OPEN COURT TO LD. SR. DR AND THE BEARER OF T HE APPLICATION DATED 25.5.2012 FROM THE ASSESSEE. THUS NO NOTICE FOR THI S DATE WILL BE SERVED. IN THE RESULT, THE APPLICATION IS ALLOWED. SD/- SD/- [R.P. YADAV] [K.G. BANSAL] JUDICIAL MEMBER ACCOUNTANT MEMBER VEENA COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT