ASST CIT 2(3), V. DENA BANK,

MA 581/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0886 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-09-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 06-09-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 07-09-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

DENA BANK PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI D.MANMOHAN HONOURABLE VICE PRESIDENT, AND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO. 581/MUM/2012 ARISING OUT OF ITA 3821/MUM/2009 ASSESSMENT YEAR 2005-06 DATE OF HEARING: 06/9/2013 DATE OF PRONOUNCEMENT: 27/9/2013 O R D E R PER RAJENDRA SINGH, AM THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E REVENUE TO RECALL THE ORDER DATED 26.05.2010 OF THE TRIBUNAL IN ITA NO. 3821/MUM/2009. IN THE SAID ORDER THE TRIBUN AL HAD DISMISED THE APPEAL OF THE REVENUE FOR WANT OF APPR OVAL OF COMMITTEE OF DISPUTES (COD) FOR PERSUING THE APPEAL BEFORE THE TRIBUNAL. THE TRIBUNAL HAD DISMISSED THE APPEAL WITH LIBERTY TO THE REVENUE TO APPLY FOR RECALL OF THE O RDER AS AND WHEN THE COD APPROVAL WAS RECEIVED BY THEM. ACIT-2(3), R. NO. 555 AAYAKAR BHAVAN, MUMBAI. DENA BANK, 17B, DENA BANK BUILDING, HORNIMAN CIRCLE, FORT, MUMBAI 400001. APPELLANT RESPONDENT DEPARTMENT BY. SHRI O.P. SINGH ASSESSEE BY: SHRI S. ANANTHAN DENA BANK PAGE 2 OF 3 2. THE REVENUE HAS NOW FILED MISCELLANEOUS APPLICAT ION POINTING OUT THAT IN VIEW OF THE RECENT JUDGMENT OF HONBLE SUPREME COUR IN CASE OF ELECTRONICS CORPORATION OF INDIA, (32 ITR 58) COD APPROVAL WAS NO LONGER NECESSARY. AN AF FIDAVIT HAS ALSO BEEN FILED BY THE REVENUE IN WHICH IT HAS BEEN STATED THAT COD HAD NOT REJECTED THE PERMISSION SOUGHT BY THE REVENUE TO PURSUE THE APPEAL AS PER RECORDS AVAILAB LE IN THEIR OFFICE. IT HAS ACCORDINGLY BEEN REQUESTED THAT THE ORDER MAY BE RECALLED. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECO RDS AND CONSIDERED THE MATTER CAREFULLY. IN VIEW OF THE EAR LIER JUDGMENT OF HONBLE SUPREME COURT IN CASE OF ONGC ( 104 CTR 31) GOVERNMENT AND THE CENTRAL GOVERNMENT ENTER PRISE WERE NOT PERMITTED TO PURSUE APPEAL BEFORE THE TRIB UNAL WITHOUT HAVING APPROVAL OF COD THE SAID JUDGMENT HA S HOWEVER BEEN RECALLED BY THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONIC CORPORATION OF INDIA (SUPRA) IN WHICH THE HONBLE SUPREME COURT OBSERVED THAT THE PRE CONDITI ON OF OBTAINING COD APPROVAL FOR PROSECUTING THE APPEAL H AS OUTLIVED ITS UTILITY IN THE CHANGED SCENARIO AS THE MECHANISM HAS NOT ACHIEVED THE DISIRED RESULTS AND HAS RATHER LED TO MORE LITIGATIONS. IN VIEW OF THE SAID JUDGMENT OF T HE HONBLE SUPREME COURT, COD APPROVAL IS NOT NECESSARY FOR PU RSUING THE APPEAL. WE, THEREFORE, RECALL THE ORDER DATED 2 6.5.2010 OF THE TRIBUNAL IN ITA NO. 3821/MUM/2009 AND RESTORE T HE DENA BANK PAGE 3 OF 3 APPEAL TO ITS ORIGINAL NO. WHICH WILL BE FIXED FOR HEARING BY THE REGISTRY IN THE NORMAL COURSE. 4. IN THE RESULT MISCELLANEOUS APPLICATION OF THE R EVENUE STANDS ALLOWED. ORDER PRONOUNCED ON 27-9-2013 SD/- SD/- (D. MANMOHAN) (RAJENDRA SINGH) VICE PRESIDENT ACCOUNTANT MEMBER SKS SR. P.S, MUMBAI DATED 27.9.2013 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI