ACIT CIR 9, Pune V. Hindustan Antibiotics Ltd, Pune

MA 48/PUN/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2631 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-12-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-09-2014
• Assessment Year: misc
• Appeal Filed On: 17-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK KOTHARI
• Keywords: Retrospective amendment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR , JUDICIAL MEMBER M.A. NO.48/PN./2013 ARISING OUT OF I TA NO. 751 TO 753 / PN / 2008 ( ASSESSMENT YEAR : 2 0 0 2 - 03 TO 2004 - 05 ) ACIT, CIRCLE - 9, PUNE .. APP LICANT V/S HINDUSTAN ANTIBIOTICS LTD. MUMBAI PUNE ROAD, PIMPRI P.F. PUNE 411 018 .... RESPONDENT PERMANENT ACCOUNT NUMBER AAACH5155L REVENUE BY : SHRI RAJESH DAMOR ASSESSEE BY : SHRI ASHOK KOTHARI DATE OF HEARING : 21 .1 1 .2014 DATE OF PRONOUNCEMENT : 05 .1 2 .2014 O R D E R PER R.S. PADVEKAR, J.M. THIS M ISC. APPLICATION IS FILED BY THE REVENUE UNDER SECTION 254(2) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) WITH A PRAYER THAT THE ORDERS PASSED BY THE TRIBUNAL IN ITA NO.751, 752 AND 753/PN /2008 DATED 31 ST DECEMBER 2008, DISMISSING THE APPEALS FILED BY THE REVENUE FOR WANT OF COD PERMISSION MAY BE RECALLED IN VIEW OF THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONI CS CORPORATION OF INDIA LTD. V/S UNION OF INDIA & ORS., 332 ITR 58 (SC). 2. WE HAVE HEARD THE PARTIES. THE REVENUE HAS FILED THE APPEALS ( BEING ITA NO.751, 752 AND 753 /PH/2008 ) FOR THE ASSESSMENT YEARS 2002 - 03, 2003 - 04 AND 2004 - 05 , CHALLENGING THE RESPECTIV E ORDERS OF THE CIT(A), PUNE, WHICH WERE DISMISSED BY THE TRIBUNAL AS THE REVENUE COULD NOT PRODUCE THE CLEARANCE FROM THE COD. THE CONTENTION OF THE LEARNED D.R. IS THAT THE MECHANISM PROVIDED FOR 2 HINDUSTAN ANTIBIOTICS LTD. REDUCING THE LITIGATION BETWEEN THE INTER GOVT . DEPARTMENTS / PUBLIC SECTOR UNDERTAKINGS HAS BEEN CANCELLED BY THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD. (SUPRA). THE SAID DECISION IS HAVING THE RETROSPECTIVE EFFECT. THE BENCH HAS ASKED THE LEARNED D.R. TO FILE THE S TATUS REPORT OF THE APPLICATION BEFORE THE COD IF ANY FILED BY THE REVENUE IN THE ABOVE THREE ASSESSMENT YEARS. THE LEARNED D.R. HAS FILED COPY OF THE LETTER FROM THE ASSESSING OFFICER ADDRESSED TO THE A DDL. CIT, RANGE - 3, PUNE, DATED 13 TH JUNE 2014. ON A P ERUSAL OF THE SAID LETTER, IT IS SEEN THAT THE REVENUE SENT THE APPLICATION FOR APPROVAL TO THE COD ON 26 TH AUGUST 2009 I.E., AFTER THE APPEALS OF THE REVENUE W ERE DISMISSED. THE LEARNED D.R. INFORMED THE BENCH THAT THERE IS NO COMMUNICATION FROM THE COD A FTER THE APPLICATION WAS FILED. THE LEARNED A.R. SUBMITS THAT HE HAS NO OBJECTION IF THE ORDER IS RECALLED IN REVENUES APPEAL BEING ITA NO. 751, 752 AND 753/PN /2008, ORDER DATED 31 ST DECEMBER 2008, AND THE MATTERS ARE DECIDED ON MERITS. WE , ACCORDINGLY, FOLLOWING THE LEGAL PRINCIPLE LAID DOWN BY THE HONBLE SUPREME COURT IN ELECTRONIC CORPORATION OF INDIA LTD. (SUPRA) , RECALL THE ORDER DATED 31 ST DECEMBER 2008 PASSED ITA NO. 751, 752 AND 753/PN /2008 BY THE TRIBUNAL, A BENCH, PUNE, AND RESTORE ALL THE A PPEALS FOR ADJUDICATION ON MERITS. THE REGISTRY IS DIRECTED TO FIX THE APPEALS FOR HEARING ON 9 TH MARCH 2014. ISSUE NOTICES TO THE PARTIES. 3. IN THE RESULT, REVENUES MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT O N 05 TH DECEMBER 2014. SD/ - G.S. PANNU ACCOUNTANT MEMBER SD/ - R.S. PADVEKAR JUDICIAL MEMBER PUNE , DATED : 05 TH DECEMBER 2014 3 HINDUSTAN ANTIBIOTICS LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A ) ; (4) THE CIT, PUNE CITY CONCERNED; (5) THE DR, ITAT, PUNE; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (ASSTT. REGISTRAR) ITAT, PUNE