ITO (17)(TDS) RG 2, V. THE SHIPPING CORPORATION OF IDNIA LTD,

MA 354/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9712 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2004-2005
• Appeal Filed On: 05-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHRI MUKESH TRIWEDI

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES L, MUMBAI .. , ! ' , # !, $ BEFORE SHRI R.S.SYAL, AM AND SHRI VIVEK VARMA, JM '' !% ./ MA NOS.354, 355 & 356/MUM/2012 ( '() * / ARISING OUT OF ITA NOS.4142, 4143 & 4144/M/2008) ( #% + #% + #% + #% + / / / / ASST.YEARS : 2004-2005, 2005-2006 & 2006-2007) THE INCOME TAX OFFICER (INTERNATIONAL TAXATION) (TDS) RANGE-2 MUMBAI. THE SHIPPING CORPORATION OF INDIA LTD. 10 TH FLOOR, SHIPPING HOUSE MADAM CAMA ROAD, NARIMAN POINT MUMBAI 400 021. PAN : AAACT1524F. ( ! / // / APPLICANT) % % % % / VS. ( ,-.// RESPONDENT) ! 0 00 0 1 1 1 1 / APPLICANT BY : SHRI RAKESH RANJAN ,-./ 0 1 0 1 0 1 0 1 / RESPONDENT BY : SHRI SHRI MUKESH TRIWEDI % 0 ) / / / / DATE OF HEARING : 14.12.2012 23+ 0 ) / DATE OF PRONOUNCEMENT : 14.12.2012 !4 !4 !4 !4 / / / / O R D E R PER R.S.SYAL, AM : THESE THREE MISCELLANEOUS APPLICATIONS U/S.254(2) O F THE INCOME-TAX ACT, 1961 HAVE BEEN MOVED BY THE REVENUE PRAYING FOR THE RECTIFICATION OF THE ORDER OF THE TRIBUNAL DATE D 23 RD DECEMBER, 2010 IN ITA NOS.4142, 4143 & 4144/MUM/2008, WHICH W ERE DISMISSED BY THE TRIBUNAL FOR WANT OF COD APPROVAL. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE CONTENDE D THAT THE TRIBUNAL DISMISSED THESE APPEALS FOR WANT OF COD PE RMISSION. HE MA NO.354, 355, 356/MUM/2012 M/S.THE SHIPPING CORPORATION OF INDIA LTD. 2 RELIED ON THE JUDGMENT OF THE HONBLE SUPREME COURT IN ELECTRONICS CORPORATION OF INDIA LTD. VS. UNION OF INDIA & ORS. [(2011) 332 ITR 58 (SC)] FOR THE PROPOSITION THAT THE COD PERMISSION IS NO LONGER REQUIRED TO BE TAKEN AND THUS REQUESTED THAT THE IM PUGNED ORDER BE RECALLED. THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT RAISE ANY SERIOUS OBJECTION TO THE ARGUMENTS ADVANCED ON BEHA LF OF THE REVENUE. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS NOTICED THAT THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. (SUPRA) HAS HELD THAT THE EARLIER JUDGEMENTS ON THE POINT INCLU DING ONGC VS. CCE [(1992) 104 CTR (SC) 31] REQUIRING THE PERMISSION TO BE TAKEN FROM COD AS A PRE-CONDITION TO PROSECUTE THE APPEAL S, HAVE OUTLIVED THEIR UTILITY IN THE CHANGED SCENARIO AS THE MECHAN ISM HAS NOT ACHIEVED THE DESIRED RESULTS RATHER HAS LED TO MORE LITIGATION. THE SAID EARLIER JUDGEMENTS HAVE BEEN RECALLED BY THE HONBL E SUPREME COURT IN THE LATTER JUDGMENT IN ELECTRONICS CORPORATION OF INDIA (SUPRA) . IN THE LIGHT OF THIS LATTER JUDGMENT RENDERED BY THE H ONBLE APEX COURT, NOW THERE IS NO MORE ANY REQUIREMENT TO SEEK PERMIS SION FROM COD. AS SUCH, PARTIES CANNOT BE IMPRESSED UPON TO OBTAIN THE APPROVAL FROM COD FOR PROSECUTING THEIR APPEALS BEFORE THE T RIBUNAL. THE IMPUGNED ORDER IS, THEREFORE, RECALLED TO THE EXTEN T OF THREE APPEALS , WHICH ARE SUBJECT MATTER OF THE INSTANT MISCELLANEO US APPLICATIONS AND THE REGISTRY IS DIRECTED TO FIX THESE APPEALS F OR HEARING ON 15 TH MA NO.354, 355, 356/MUM/2012 M/S.THE SHIPPING CORPORATION OF INDIA LTD. 3 MAY, 2013. AN ANNOUNCEMENT TO THIS EXTENT WAS MADE ON THE CONCLUSION OF HEARING. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS AR E ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF DECEMBER, 2012 . !4 0 23+ 5!%6 3 0 7 SD/- SD/- (VIVEK VARMA) (R.S.SYAL) # ! # ! # ! # ! / JUDICIAL MEMBER ! ! ! ! / ACCOUNTANT MEMBER MUMBAI ; 5!% DATED 14 TH DECEMBER, 2012. DEVDAS* !4 0 ,#)8' 9'+) !4 0 ,#)8' 9'+) !4 0 ,#)8' 9'+) !4 0 ,#)8' 9'+)/ COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPLICANT. 2. ,-./ / THE RESPONDENT. 3. : () / THE CIT(A) XXXI, MUMBAI. 4. : / CIT 5. '=7 ,#)#% , , / DR, ITAT, MUMBAI 6. 7> ? / GUARD FILE. !4% !4% !4% !4% / BY ORDER, -') ,#) //TRUE COPY// ' ' ' '/ // / @ A @ A @ A @ A ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI