State Bank of India, Dehradun V. Addl. CIT, Dehradun

MA 355/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8615 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2002-2003
• Appeal Filed On: 20-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S NEGI
• Assessee Lawyers: SIDHARTH SANKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER M.A. NO. 355/DEL/2011 (IN ITA NO. 1319/D/2010) ASSESSMENT YEAR : 2002-03 STATE BANK OF INDIA, VS ADDL. COMMISSIONER O F INCOME TAX, SAHARANPUR ROAD BRANCH, DEHRADUN. DEHRADUN (UTTARAKHAND). (PAN/GIR NO. N.A.) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SIDHARTH SANKAR RESPONDENT BY : SHR I R.S. NEGI, SR. DR O R D E R PER A.D.JAIN, JUDICIAL MEMBER THE ABOVE MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL IN ASSESSEES CAS E IN ITA NO. 1319/D/2010 DATED 5 TH JANUARY, 2011, DISMISSING THE SAID APPEAL FOR WANT OF NECESSARY PERMISSION FROM COMMITTEE ON DISPUTES. THE ASSESSE E HAS REQUESTED FOR RESTORATION OF THE APPEAL IN THE LIGHT OF DECISION OF HONBLE SUPREME COURT OF INDIA IN THE CASE OF ELECTRONICS CORPORATION LTD . IN WHICH THE HONBLE SUPREME COURT HAS OVERRULED THE EARLIER DECISION IN ONGCS CASE AND DIRECTED THAT THE PERMISSION OF THE COD IS NOT REQU IRED BY PUBLIC SECTOR BANKS BEFORE FILING THE APPEALS BEFORE THE TRIBUNAL AND THE COURTS. IT WAS M.A. NO. 355/DEL/2011 (IN ITA NO. 1319/D/2010) 2 SUBMITTED THAT IN THE LIGHT OF THE HONBLE SUPREME COURTS DECISION IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD. DATED 17.2.2011, DISPENSING WITH THE REQUIREMENT OF COD APPROVAL FOR FILING FUR THER APPEAL, THE TRIBUNALS ORDER DATED 5.1.2011, DISMISSING THE APP EAL OF THE ASSESSEE, MAY BE AMENDED SUITABLY AND THE APPEAL MAY BE DECIDED O N THE MERITS OF THE CASE. INCIDENTALLY, THE ASSESSEE HAS OBTAINED THE COD, A COPY WHEREOF HAS BEEN FILED AS ANNEXURE A TO THE APPLICATION . 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. IN THE LIGHT OF THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD. (SUPRA), WE RECALL OUR OR DER DATED 5.1.2011 AND RESTORE IN SITU THE APPEAL FILED BY THE ASSESSEE FO R DISPOSAL ON MERITS. THE REGISTRY IS HEREBY DIRECTED TO FIX THIS APPEAL FOR FRESH HEARING ON 20 TH SEPTEMBER, 2012. WE ORDER ACCORDINGLY. NO FRESH N OTICE OF HEARING WILL BE ISSUED, AS THE SAID DATE WAS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. M.A. NO. 355/DEL/2011 (IN ITA NO. 1319/D/2010) 3 ORDER PRONOUNCED IN THE OPEN COURT ON 15.6.2012. SD/- SD/- ( T.S. KAPOOR ) ( A.D. JAIN ) ACCOUNTANT MEMBER JUDICIAL MEMBER DT. 15TH JUNE, 2012 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR TRUE COPY BY ORDER ASSTT. REGISTRAR