Steel Authority of India Ltd., New Delhi V. ACIT, New Delhi

MA 295/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8025 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 30-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S NEGI
• Assessee Lawyers: P N SHASTRY
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI (FRIDAY) BEFORE SHRI A.D. JAIN AND SHRI T.S. KAPOOR M.A. NO. 295 & 296/DEL/2011 ( IN ITA NOS.3285 & 3286/DEL/10 ) ASSTT. YR: 2006-07 STEEL AUTHORITY OF INDIA LTD., VS. ADD. CIT, RANG E-9/CIR. 9(1), ISPAT BHAWAN, LODI ROAD, CR BUILDING, NEW DELHI. NEW DELHI-110003. APPLICANT ) ( RESPONDENT ) APPLICANT BY : SHRI M.P. RASTOGI ADV. & SHRI P.N. SHASTRY CA RESPONDENT BY: SHRI R.S. NEGI SR. DR O R D E R PER A.D. JAIN, J.M : THESE ARE ASSESSEES MISC. APPLICATIONS U/S 254(2) OF THE I.T. ACT, 1961, PRAYING FOR RECALLING OF ITATS CONSOLIDATED ORDER DATED 5-1-2011, DISMISSING THE ABOVE CAPTIONED APPEALS FOR WANT OF COD APPROVAL. 2. LD. COUNSEL FOR THE ASSESSEE PLEADED THAT IN VI EW OF HONBLE SUPREME COURT JUDGMENT DATED 17-2-2011 IN CIVIL APP EAL NOS. 1883 OF 2011 AND 1903 OF 2008, IN THE CASE OF ELECTRONICS CORP ORATION OF INDIA LTD. VS. UNION OF INDIA & OTHERS, THE COMMITTEE ON DISPUTES (COD) HAS CEASED TO EXIST, CONSEQUENTLY APPROVAL OF COD IS NO LONGER RE QUIRED TO PURSUE A DISPUTE BEFORE THE ITAT AND APPLICATIONS FILED BEFO RE COD FOR APPROVAL HAVE BECOME INFRUCTUOUS. ACCORDINGLY, THE LD. COUNS EL PRAYED THAT ITAT ORDER DATED 5-1-2011 PASSED IN THE ABOVE CAPTIONED APPEALS MAY BE RECALLED FOR DECISION AFRESH ON MERITS AFTER AFFORDING REASO NABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 2 3. LD. DR WAS FAIR ENOUGH TO CONCEDE THE AFORESAID FACTUAL POSITION. 4. WE HAVE HEARD RIVAL CONTENTIONS AND GONE THROUGH THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTEDLY, THE HONB LE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. (SU PRA), HAS RECALLED ITS EARLIER DIRECTIONS FOR CONSTITUTING THE HIGH POWERE D COMMITTEE/ COD FOR SETTLING DISPUTES BETWEEN THE GOVT. DEPARTMENTS AND PUBLIC SECTOR UNDERTAKINGS BEFORE THE ITAT AND OTHER LIKE FORUMS FOR PURSUING DISPUTES IN APPEALS. WE AGREE WITH THE CONTENTION OF LD. COUNSE L THAT IN VIEW OF ABOVE HONBLE SUPREME COURT JUDGMENT, THE COD HAS CEASED TO EXIST, THUS NO APPROVAL IS REQUIRED TO PURSUE APPEALS BEFORE THE ITAT. IN VIEW OF ABOVE, WE RECALL OUR CONSOLIDATED ORDER DATED 5-1-2011 PAS SED IN THE ABOVE CAPTIONED APPEALS AND RESTORE THEM TO THEIR ORIGINA L NUMBER. THE APPEALS BE LISTED FOR HEARING ON 16-7-2012. BOTH THE PARTIES H AVE BEEN INTIMATED OF THE DATE FIXED IN OPEN COURT AND THERE IS NO NECESSITY TO ISSUE SEPARATE NOTICES OF HEARING TO THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATIONS ARE AL LOWED. ORDER PRONOUNCED IN OPEN COURT ON 04-05-2012. ( T.S. KAPOOR ) ( A.D. JAIN ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 04-05-2012. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR 3