ACIT, Kumbakonam V. M/s. Tamil Nadu State Transport Corpn. (Kum Div I) Ltd., Kumbakonam

MA 84/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6541 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 27-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R VISWANATHAN
• Assessee Lawyers: S SRIDHAR
• Section: 260A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D, CHENNAI BEFORE SHRI U.B.S. BEDI, J.M. & SHRI ABRAHAM P. GEO RGE, A.M. M.P. NOS. 83 TO 89 /MDS/2011 [IN I.TA. NOS.31 TO 37/MDS/2010] ASSESSMENT YEARS: 2001-02 TO 05-06 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE I, KUMBAKONAM 612 001 VS. M/S. TAMIL NADU STATE TRANSPORT CORP. (KUM DIV IV/I/II) LTD., PUDUKOTTAI/TRICHY, 27 RAILWAY STATION NEW ROAD, KUMBAKONAM [PAN:AACV2112P/AAACC1294K] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI R. VISWANATHAN ASSESSEE BY : SHRI S. SRIDHAR O R D E R PER U.B.S. BEDI, J.M. BY MEANS OF THESE SEVEN MISCELLANEOUS PETITIONS, T HE DEPARTMENT SEEKS TO GET RECALLED THE CONSOLIDATED ORDER OF THE TRIBUNAL PASSED IN ITA NOS. 31 TO 37/MDS/2010 DATED 20.05.2010 FOR THE ASSESSMENT YEA RS 2001-02 TO 05-06 IN VIEW OF THE RECENT JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UNION OF I NDIA AND OTHERS [2011] 332 ITR 58. 2. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASS ESSEE SHRI S. SRIDHAR SUBMITTED THAT THE DEPARTMENT IN THIS CASE HAD FILE D APPEALS IN ITA NOS. 31, 32, 33, 34 AND 35/MDS/2010 UNDER SECTION 260A OF THE IN COME TAX ACT BEFORE THE HONBLE MADRAS HIGH COURT AGAINST THE CONSOLIDATED ORDER OF THE ITAT DATED 20.05.2010 AND THE HONBLE HIGH COURT, WHILE ACCEPT ING THE APPEALS OF THE DEPARTMENT IN T.C. (A) NOS. 1432 TO 1436 OF 2010 HA S RESTORED THE MATTER BACK TO THE ITAT TO DEAL WITH THE SAME ON MERITS, WHILE CON SIDERING AND APPLYING THE RATIO M.P. M.P. M.P. M.P. NO NONO NOS SS S. .. . 83 8383 83- -- -89 8989 89/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 2 OF THE DECISION IN THE CASE OF ELECTRONICS CORPORAT ION OF INDIA LTD. V. UNION OF INDIA AND OTHERS (SUPRA) AND BY FILING COPY OF THE DECISI ON OF THE HONBLE JURISDICTIONAL HIGH COURT IN THIS CASE DATED 29.03.2011 IN T.C. (A ) NOS. 1432 TO 1436 OF 2010, IT WAS PLEADED THAT IN VIEW OF THE HONBLE JURISDICTIO NAL HIGH COURTS DECISION AND DIRECTION ISSUED, THE APPEALS HAVE ALREADY BEEN REM ANDED BACK TO THE TRIBUNAL FOR DECIDING THOSE ON MERITS, SO THE FIVE RELATED M ISCELLANEOUS PETITIONS OF THE REVENUE HAVE BECOME INFRUCTUOUS AND THE SAME MAY BE DISMISSED. 3. THE LD. DR COULD NOT CONTROVERT THIS FACTUAL AS PECT AND RATHER CONCEDED THAT THE MATTER HAD ALREADY BEEN RESTORED BACK TO T HE TRIBUNAL FOR DECIDING THESE APPEALS IN ITA NOS. 31 TO 35/MDS/2010 ON MERITS, TH EREFORE, THE DEPARTMENT HAS NO OBJECTION IN CASE THESE MISCELLANEOUS PETITIONS OF THE REVENUE ARE DISMISSED. HOWEVER, SO FAR AS APPEALS IN ITA NOS. 36 AND 37/MD S/2010 ARE CONCERNED, THE DEPARTMENT HAS NOT FILED ANY APPEAL AGAINST THE ORD ER OF THE TRIBUNAL, THEREFORE, IT WAS PLEADED THAT THE APPEALS IN ITA NOS. 36 & 37/MD S/2010 MAY BE RECALLED SINCE THE COD APPROVAL IS NO MORE REQUIRED IN VIEW OF THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATIO N OF INDIA LTD. V. CIT 332 ITR 58 AND TO THIS MOVE OF THE LD. DR, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT HE HAS NO OBJECTION IN CASE THESE TWO APPEALS ARE RECALLED AND POSTED FOR HEARING. 4. AFTER HAVING HEARD BOTH THE SIDES, CONSIDERING THE MATERIAL ON RECORD AS WELL AS HONBLE JURISDICTIONAL HIGH COURTS DECISIO N IN T.C. (A) NOS. 1432 TO 1436 OF 2010 DATED 29.03.2011, WE FIND THAT WHILE DISCUS SING THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CO RPORATION OF INDIA LTD. V. UNION OF INDIA AND OTHERS (SUPRA), THE HONBLE JURI SDICTIONAL HIGH COURT HAS M.P. M.P. M.P. M.P. NO NONO NOS SS S. .. . 83 8383 83- -- -89 8989 89/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 3 REMANDED THE MATTER BACK TO THE TRIBUNAL TO DEAL WI TH THE SAME ON MERITS AND RELEVANT PARA 3 ONWARDS OF THE SAID ORDER ARE REPRO DUCED AS UNDER: 3. IT IS SEEN FROM THE RECENT DECISION OF THE SUP REME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UNION OF I NDIA AND OTHERS REPORTED IN 332 ITR 58 THAT EARLIER ORDE R AND DIRECTIONS OF THE COURT WERE RECALLED, TAKING THE VIEW THAT THE M ECHANISM HAD OUTLIVED ITS UTILITY. FURTHER, REFERENCE TO THE HIGH POWERED COM MITTEE HAD RESULTED IN DELAY IN FILING CIVIL APPEALS, CAUSING LOSS OF REVE NUE, WHEN STAKES IN SUCH CASES ARE HUGE. 4. IN THE ABOVE CIRCUMSTANCES, HAVING REGARD TO TH E RECALLING OF THE EARLIER ORDERS, THE DISPUTES BETWEEN THE GOVERNMENT CORPORATIONS AND THE REVENUE NEED NOT GO THROUGH THE CLEARANCE FROM THE COD FOR THE PURPOSE OF FILING OF APPEAL/REVISION, ETC. IN THE LIGHT OF THE RECENT DECISION OF THE SUPREME COURT, CITED SUPRA, ALL THESE APPEALS ARE ALLOWED, THEREBY, REMANDING T HE MATTER BACK TO THE TRIBUNAL TO DEAL WITH THE SAME ON MERITS. NO COSTS. 5. SINCE CONSEQUENT UPON APPEALS HAVING BEEN FILED BY THE DEPARTMENT AND THE HONBLE MADRAS HIGH COURT HAS ALREADY REMANDED THE MATTER BACK TO THE TRIBUNAL FOR DECIDING THE APPEALS ON MERITS, THEREF ORE, THE FIVE MISCELLANEOUS PETITIONS FILED BY THE DEPARTMENT FOR RECALLING THE CONSOLIDATED ORDER OF THE TRIBUNAL ON THE BASIS OF NON-PROVIDING OF COD APPRO VAL HAS BECOME INFRUCTUOUS, AS PLEADED BY THE LD. COUNSEL FOR THE ASSESSEE AND NOT DISPUTED BY THE LD. DR, WE DISMISS THE MISCELLANEOUS PETITIONS IN M.P. NOS. 83 TO 87/MDS/2011OF THE DEPARTMENT. 6. SO FAR AS M.P. NOS. 88 AND 89/MDS/2011 ARE CONC ERNED, THE DEPARTMENT HAS NOT FILED ANY APPEAL AGAINST THE ORDER OF THE T RIBUNAL FOR APPEALS IN ITA NOS. 36 AND 37/MDS/2010, THE LD. DR HAS SUBMITTED THAT S INCE THE COD APPROVAL IS NO MORE REQUIRED IN VIEW OF THE DECISION OF THE HONBL E SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. CIT (SUPRA ) AND PLEADED FOR RECALLING AND M.P. M.P. M.P. M.P. NO NONO NOS SS S. .. . 83 8383 83- -- -89 8989 89/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 4 FIXING FOR HEARING AND THE LD. COUNSEL FOR THE HAS NOT OBJECTED TO THIS MOVE OF THE LD. DR, WE RECALL OUR CONSOLIDATED ORDER IN RESPECT OF THE APPEALS IN ITA NOS. 36 AND 37/MDS/2010 DATED 30.05.2010 AND DIRECT THE REG ISTRY TO FIX BOTH THESE APPEALS FOR HEARING ON REGULAR COURSE. 7. IN THE RESULT, THE MISCELLANEOUS PETITIONS OF T HE DEPARTMENT IN M.P. NOS. 83 TO 87/MDS/2011 ARE DISMISSED AND M.P.NOS. 88 AND 89 /MDS/2011 ARE ALLOWED. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEA RING ON 24.06.2011. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI, DATED, THE 24.06.2011. VM/- COPY TO : APPELLANT/RESPONDENT/CIT(A)- /CIT, /DR