Software Technology Parks of India, New Delhi V. Addl. CIT, New Delhi

MA 40/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7518 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 24-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S NEGI
• Assessee Lawyers: ANU GOEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH FRIDAY-F DELHI) BEFORE SHRI A.D. JAIN AND SHRI B.K. HALDAR MISC.APPLI. NO. 40(DEL)2011 (IN ITA NO. 843(DEL)2010) ASSESSMENT YEAR: 2006-07 SOFTWARE TECHNOLOGY PARKS OF INDIA, ADDL. CO MMISSIONER OF I. TAX, CGO COMPLEX, ELECTRONICS NIKETAN, V. RANGE II, N EW DELHI. LODHI ROAD, NEW DELHI. (APPLICANT) (RESPONDENT) APPLICANT BY: SMT.ANU GOEL, AR RESPONDENT BY: SHRI R.S . NEGI, SR. DR ORDER PER A.D. JAIN, J.M VIDE ORDER DATED 3.05.2010, THE ASSESSEES APPEAL WAS DISMISSED FOR WANT OF COD APPROVAL. 2. IN THE PRESENT APPLICATION, ACCOMPANIED BY AN AF FIDAVIT, IT HAS BEEN CONTENDED THAT COD APPROVAL HAS SUBSEQUENTLY BEEN O BTAINED QUA GROUND NO.2 ONLY, BUT SINCE IN VIEW OF THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRIC CORPN. OF INDIA LTD. V. UO , 332 ITR 58(SC), THE REQUIREMENT OF COD APPROVAL HAS BEEN DISPENSED WITH , THE ORDER DATED 3.05.2010 BE RECALLED AND THE APPEAL BE HEARD ON M ERITS ON BOTH THE GROUNDS RAISED BY THE ASSESSEE. MA 40(DEL)2011 2 3. THE CONTENTION OF THE ASSESSEE IS FOUND TO BE CO RRECT. IN ELECTRIC CORPN. OF INDIA LTD. V. UO (SUPRA), THE REQUIREMEN TS OF COD APPROVAL REGARDING LITIGATION HAS BEEN DISPENSED WITH. ACC ORDINGLY, OUR ORDER DATED 3.05.2010 IS RECALLED. THE APPEAL IS RESTORED TO ITS ORIGINAL NUMBER IN SITU WHICH SHALL NOW COME UP FOR HEARING ON MERITS ON 20 .3.2012, A DATE ANNOUNCED IN THE OPEN COURT, IN THE PRESENCE OF BOT H THE PARTIES, FOR WHICH NO SEPARATE NOTICE OF HEARING SHALL ISSUE. 4. IN THE RESULT, THE APPLICATION FILED BY THE ASSE SSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.01.2012. SD/- SD/- (B.K. HALDAR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 20.01.2012 *RM COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR TRUE COPY BY ORDER ASSISTANT REGISTRAR