Appeal details
Counselvise Citation
[2012] 123 COUNSELVISE.COM (IT) 8563 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
27-07-2012
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
27-07-2012
Assessment Year
2007-2008
Appeal Filed On
06-06-2012
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER .. M.P. NO. 81/MDS/2012 (IN I.T.A. NO. 1541/MDS/2010) ASSESSMENT YEAR : 2007-08 THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE I(2), CHENNAI - 600 034 . (PETITIONER) V. M/S BHARAT OVERSEAS BANK LTD., (NOW MERGED WITH INDIAN OVERSEAS BANK), ACCOUNTS DEPARTMENT, 763, ANNA SALAI, CHENNAI - 600 034 . PAN : AAACB1374M (RESPONDENT) PETITIONER BY : SHRI SHAJI P. JACOB, ADDL. CIT RESPONDENT BY : SHRI NARESH DATE OF HEARING : 27.07.2012 DATE OF PRONOUNCEMENT: 27.07.2012 O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THROUGH THIS MISCELLANEOUS PETITION, REVENUE PRAY S FOR RECALL OF ORDER OF THIS TRIBUNAL DATED 30 TH NOVEMBER, 2010 IN I.T.A. NO. 1541/MDS/2010, FOR A REASON THAT NO PERMISSION FROM COD IS REQUIRED FOR FILING APPEALS EVEN WHEN AN ASSESSEE I S A PUBLIC SECTOR M.P. NO. 81/MDS/12 2 UNDERTAKING, AS HELD BY HONBLE APEX COURT IN THE C ASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UNION OF INDIA (322 IT R 58). 2. WE HAVE SEEN THE ORDER AND HEARD THE RIVAL SUBMI SSIONS. IT IS TRUE THAT WE HAD DISMISSED THE APPEAL IN I.T.A. NO. 1541/MDS/2010 FOR WANT OF COD APPROVAL. IN VIEW OF THE DECISION OF HON'BLE APEX COURT IN THE CASE OF ELECTRONICS CORPORATION OF IND IA LTD. (SUPRA), WHEREIN IT WAS HELD THAT COD APPROVALS WERE NO MORE REQUIRED FOR FILING APPEALS, AND ALSO SINCE THIS WAS NOT A CASE WHERE THERE WAS ANY SPECIFIC DENIAL OF PERMISSION BY THE COD, WE FI ND THAT IT WOULD BE APPROPRIATE TO RECALL THE ORDER OF THIS TRIBUNAL DA TED 30 TH NOVEMBER, 2010. THUS, I.T.A. NO. 1541/MDS/2010 IS RECALLED AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 12 TH NOVEMBER, 2012. SINCE DATE OF HEARING IS DECLARED IN OPEN COURT, THERE WI LL BE NO NOTICE ISSUED TO ANY OF THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS PETITION FILED BY T HE REVENUE IS ALLOWED. M.P. NO. 81/MDS/12 3 THE ORDER WAS PRONOUNCED IN THE COURT ON 27 TH JULY, 2012, AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 27 TH JULY, 2012. KRI. COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/D.R./GUAR D FILE
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