Oil and Natural Gas Corporation Ltd., Ankleshwar V. The ACIT.,(TDS), Baroda

MA 51/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7443 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 25-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD (BEFORE SHRI BHAVNESH SAINI, JM AND SHRI A. MOHAN A LANKAMONY, AM) M. A. NO.51/AHD/2011 ((IN ITA NO.1066/AHD/2010:A.Y. 2009-10) OIL AND NATURAL GAS CORPORATION LTD., GENERAL MANAGER (F&A), ONGC ANKLESHWAR ASSET, ANKLESHWAR 393 010 PA NO. AAACO 1598 A VS THE A. C. I. T. (TDS), AAYAKAR BHAVAN, RACE COURSE CIRCLE, BARODA 390 001 (APPLICANT) (RESPONDENT) APPLICANT BY MS. URVASHI SHODHAN, AR RESPONDENT BY SHRI B.L. YADAV, SR. DR DATE OF HEARING: 06-01-2012 DATE OF PRONOUNCEMENT: 06-01-2012 ORDER PER BHAVNESH SAINI : THIS MISC. APPLICATION OF THE ASSESSEE IS FILED AGAINST THE ORDER OF THE TRIBUNAL DATED 04-06-2010 SEEKING RECALLING OF THE EARLIER ORDER OF THE TRIBU NAL THROUGH WHICH THE APPEAL OF THE ASSESSEE WAS CONSIGNED TO THE RECORD BECAUSE OF THE APPROVAL NOT GRANTED BY THE COD. 2. THE LEARNED COUNSEL FOR THE ASSESSEE PLACED ON R ECORD ORDER OF THE COD GRANTING PERMISSION/APPROVAL FOR FILING APPEAL BEFORE THE TRIBUNAL AGAINST THE IMPUGNED ORDER OF THE LEARNED CIT(A). THE LEARNED COUNSEL FOR THE ASSESSEE ALSO SUBMITTED THA T HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATIO N OF INDIA LTD. 322 ITR 58 HELD THAT THERE IS NO NEED TO GET COD APPROVAL MA NO.51/AHD/2011- IN ITA NO.1066/AHD/2010- AY 2009-1 0) OIL AND NATURAL GAS CORPORATION LTD. VS ACIT (TDS) CIRCLE, BARODA 2 BECAUSE COD HAS OUTLIVED ITS UTILITY. THE LEARNED DR HAS NO OBJECTION IN RECALLING THE ORDER OF THE TRIBUNAL. 3. IN VIEW OF THE FACTS NOTED ABOVE, PARTICULARLY W HEN COD APPROVAL IS GRANTED AND THE RECENT JUDGMENT OF THE HONBLE SUPREME COURT CITED BY THE LEARNED COUNSEL ABOVE SQUARELY A PPLIES TO THE CASE OF THE ASSESSEE, THERE APPEARS MISTAKE APPAREN T ON RECORD; EARLIER ORDER OF THE TRIBUNAL DATED 04-06-2010 IS R ECALLED. APPEAL OF THE ASSESSEE IS RESTORED. OFFICE IS DIRECTED TO FI X THE APPEAL OF THE ASSESSEE FOR HEARING ON MERITS IN DUE COURSE. MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASS ESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/- -- - COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD