ACIT, Patiala V. State Bank of Patiala, Patiala

MA 49/CHANDI/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8609 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-06-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-06-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 31-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B CHANDIGARH BEFORE SHRI H.L. KARWA, VP AND SHRI T.R. SOOD, AM MISC. APPLICATION NO. 49/CHD/2011 ARISING OUT OF ITA NO. 126/CHD/2009 ASSESSMENT YEAR: 2003-04 A.C.I.T. CIRCLE V. STATE BANK OF PATIALA PATIALA THE MALL, PATIALA PAN: (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI AKHILESH GUPTA RESPONDENT BY: SHRI SUDHIR SEHGAL DATE OF HEARING: 22.06.2012 DATE OF PRONOUNCEMENT: 22 .06.2012 ORDER PER T.R. SOOD, A.M THROUGH THIS MISC. APPLICATION THE REVENUE HAS SOUG HT RECALLING OF THE ORDER OF THE TRIBUNAL IN ITA NO. 126/CHD/2009 THROU GH WHICH REVENUES APPEAL WAS DISMISSED BECAUSE COD PERMISSION WAS NOT GRANTE D. IT HAS BEEN POINTED OUT THAT REVENUE HAS OBTAINED THE COD PERMISSION. 2. THE LD. DR FOR THE REVENUE INFORMED THAT FIVE ME MBERS OF THE BENCH OF THE HON'BLE SUPREME COURT IN CASE OF ELECTRONICS C ORPORATION OF INDIA LTD. V. UNION OF INDIA AND OTHERS, 332 ITR 58 (SC) HAS ALR EADY RECALLED THE EARLIER ORDER OF THE HON'BLE APEX COURT IN CASE OF (I) ONGC V. CCE (1995) SUPP 4 SCC 541 DATED OOCTOBE R 11, 1991; (II) ONGC V. CCE (2004) 6 SCC 437 DATED JANUARY 7, 1994; AND (III) ONGC V. CITY AND INDUSTRIAL DEVELOPMENT CORPO ORATION (2007) 7 SCC 39 DATED JULY 20, 2007. THEREFORE, THERE IS NO NEED TO OBTAINED COD PERMIS SION ANY MORE. 3. ON THE OTHER HAND, THE LD. COUNSEL OF THE ASSES SEE FAIRLY AGREED THAT THE ORDER MAY BE RECALLED. 2 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT THE HON'BLE SUPREME COURT IN CASE OF ELECTRONICS CORPORATION OF INDIA L TD. V. UNION OF INDIA AND OTHERS (SUPRA) HAS CLEARLY OBSERVED THAT MECHANISM OF THE COMMITTEE WHICH WAS SET UP ON THE DIRECTION OF THE HON'BLE COURT FO R REDUCING THE LITIGATION BETWEEN VARIOUS DEPARTMENTS OF THE GOVERNMENT, HAS NOT FUNCTIONED WELL AND THEREFORE, EARLIER ORDERS IN CASE OF (I) ONGC V. CCE (1995) SUPP 4 SCC 541 DATED OOCTOBE R 11, 1991; (II) ONGC V. CCE (2004) 6 SCC 437 DATED JANUARY 7, 1994; AND (III) ONGC V. CITY AND INDUSTRIAL DEVELOPMENT CORPO ORATION (2007) 7 SCC 39 DATED JULY 20, 2007. HAVE BEEN RECALLED. THIS MEANS THAT REQUIREMENT OF COD PERMISSION IS NOT MORE THERE. ACCORDINGLY WE RECALL THE ORDER OF THE TRIBUNAL IN ITA NO. 126/CHD/2009 AS COD PERMISSION IS NOT REQUIRED ANY MORE. 5. THE REGISTRY IS DIRECTED TO FIXED THE DATE OF H EARING ON 12.09.2012 ALONGWITH ASSESSEES APPEAL IN ITA NO. 136/CHD/2009 WHICH WAS ANNOUNCED IN THE COURT. THE ASSESSEE SHALL TAKE NOTICE FROM THE ORDER ITSELF AND NO SEPARATE NOTICE WOULD BE ISSUED. 6. IN THE RESULT, MISC. APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON 22 .6.2012 SD/- SD/- (H.L. KARWA) (T.R. SOOD) VICE PRESIDENT ACCOUNTANT MEM BER DATED: 22 .6 .2012 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/ THE DR 3