DCIT CIR 3(1), V. INDUSTRIAL DEVELOPMENT BANK LTD,

MA 397/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9420 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-10-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2003-2004
• Appeal Filed On: 20-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R SWAMINATHAN
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTAT MEMBER M.A. NO.397/M/2011 (ARISING OUT OF I.T.A. NO.1744/M/2008) ASSESSMENT YEAR: 2003-2004 THE DCIT, CIR - 3(1 ), R.NO.607, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. VS. M/S. INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD., IDBI TOWER, CUFFE PARADE, MUMBAI 400 005. PAN: AAACH 1603 C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANOJ KUMAR, DR RESP ONDENT BY : SHRI R. SWAMINATHAN DATE OF HEARING:12.10.2012 DATE OF ORDER: 12.10.2012 O R D E R PER D. KARUNAKARA RAO, AM: BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS S EEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 7 TH MAY, 2009 PASSED IN ITA NO.1744/MUM/2008 (AY: 2003 -2004). VIDE ITS ORDER, ITAT MUMBAI I BENCH HAD DISMISSED THE APPEAL OF THE DEPARTMENT FOR WANT OF C.O.D. APPROVAL BEFORE FOR PROSECUTING THE APPEAL FILED BY THE REVENUE BASED ON THE JUDGMENT OF THE HONBLE APEX COURT IN THE CA SE OF ONGC VS. COLLECTOR OF CENTRAL EXCISE, 1992 (SUPPLEMENT 2) SCC 432 WHEREIN IT WAS HELD THAT NO LITIGATION BETWEEN THE GOVERNMENT AND THE GOVERNMEN T UNDERTAKING CAN PROCEED BEFORE ANY COURT OR ANY TRIBUNAL WITHOUT THE APPROV AL OF THE HIGH POWER COMMITTEE KNOWN AS COMMITTEE ON DISPUTE (COD). IN RESPONSE TO THE PROPOSALS SENT BY THE 2 DEPARTMENT TO OBTAIN PRIOR APPROVAL VIDE ITS LETTER DATED 2.9.2009 (WITH REVISED ANNEXURE DATED 29.9.2010) THE COD HAS GIVEN ITS PRI OR PERMISSION TO PURSUE ITS APPEAL ON ONE ISSUE I.E. INTEREST DISALLOWANCE U/S 14A V IDE ITS LETTER NO. COD/45/2010 DATED 16.12.2010. TO THIS EXTENT, THE ORDER OF THIS TRIB UNAL DATED 7 TH MAY, 2009 (SUPRA) IS RECALLED AND THE REGISTRY IS DIRECTED TO FIX THE AP PEAL FOR NEXT DATE OF HEARING ON 9.1.2013 . THE SAME IS ANNOUNCED IN THE OPEN COURT AND TAKEN NOTE BY BOTH THE LEARNED REPRESENTATIVES OF THE PARTIES. 2. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. THE DECISION PRONOUNCED IN THE OPEN COURT IMMEDIAT ELY ON CONCLUSION OF THE HEARING ON 12 TH OCTOBER, 2012. SD/- SD/- (I.P. BANSAL) ( D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOU NTANT MEMBER DATE : 12.10.2012 AT :MUMBAI OKK COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT (A), CONCERNED. 4. THE CIT CONCERNED. 5. THE DR I, BENCH, ITAT, MUMBAI. 6. GUARD FILE. // TRUE COPY// 3 BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI