DCIT, CHENNAI v. M/s. Indian Overseas Bank, CHENNAI

MA 163/CHNY/2011 | 2005-2006
Pronouncement Date: 23-09-2011 | Result: Dismissed

Appeal Details

RSA Number 16321724 RSA 2011
Assessee PAN AAACI1223J
Bench Chennai
Appeal Number MA 163/CHNY/2011
Duration Of Justice 30 day(s)
Appellant DCIT, CHENNAI
Respondent M/s. Indian Overseas Bank, CHENNAI
Appeal Type Miscellaneous Application
Pronouncement Date 23-09-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 23-09-2011
Assessment Year 2005-2006
Appeal Filed On 24-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI [BEFORE SHRI HARI OM MARATHA JUDICIAL MEMBER AND SHRI N.S. SAINI ACCOUNTANT MEMBER] M.P.NOS.161 162 & 163/MDS/2011 [IN I .T.A NOS. 391/MDS/09 1566/MDS/08 & 393/MDS/ 09 ] ASSESSMENT YEARS : 1989-90 2004-05 & 2005-06 THE DY. CIT LARGE TAXPAYER UNIT CHENNAI VS INDIAN OVERSEAS BANK 763 MOUNT ROAD CHENNAI 600 002 [PAN AAACI 1223J] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SANJAY DESHMUKH DR RESPONDENT BY : SHRI C.NARESH CA DATE OF HEARING : 23-09-2011 DATE OF PRONOUNCEMENT : 23-09-2011 O R D E R PER HARI OM MARATHA JUDICIAL MEMBER: THESE MISCELLANEOUS PETITIONS HAVE B EEN FILED BY THE REVENUE FOR RECALLING OF THE TRIBUNAL ORDERS DATE D 13.8.2009 AND 22.1.2209 VIDE WHICH THE APPEALS OF THE REVENUE W ERE DISMISSED FOR WANT OF PERMISSION OF THE COMMITTEE ON DISPUTES(COD ). THE REVENUE WAS GIVEN LIBERTY TO GET THE ORDERS RECALLED ONCE I T OBTAINS THE REQUISITE COD PERMISSION. 2. IT HAS BEEN PLEADED THAT IN VIEW OF THE DECISIO N OF HON'BLE SUPREME COURT RENDERED RECENTLY IN THE CASE OF ELEC TRONICS CORPORATION M.P 161 162&163/2011 :- 2 -: OF INDIA LTD VS UNION OF INDIA 2011-TIOL-18-SC-CX- CB JUDGMENT DATED 17.2.2011 IN CIVIL APPEAL NOS.1883 OF 2011 SLP(C) NO.2538 OF 2009 IT HAS BEEN CATEGORICALLY H ELD THAT FOR PURSUING LITIGATION BETWEEN PSUS AND THE GOVERNMENT THERE IS NO LONGER A NEED TO OBTAIN PERMISSION OF COD. THE REA SON FOR ARRIVING AT THE ABOVE CONCLUSION HAS BEEN STATED TO BE THAT ALT HOUGH THE OBJECT IN GETTING COD PERMISSION IS LAUDATORY BUT THE MECHANI SM INVOLVED IN THE PROCESS LEADS TO DELAYS IN LITIGATION AND AS SUCH THE MECHANISM HAS OUTLIVED ITS UTILITY. IT HAS BEEN OBSERVED B Y THEIR LORDSHIPS THAT IN THE CHANGED SCENARIO THE EXISTING DIRECTIONS TO OBT AIN COD PERMISSION HAS OUTLIVED SO IT IS BEING RECALLED AND HEREINAFTE R THERE IS NO NEED FOR SUCH PERMISSION OF COD TO PURSUE LITIGATION BETWEEN PSUS AND GOVERNMENT. SINCE THE JUDGMENT OF APEX COURT BECOM ES THE LAW OF THE LAND IN VIEW OF ARTICLE 141 OF THE CONSTITUTION OF INDIA IT WOULD BE DEEMED THAT ON THE DATE OF ORDERS PASSED ON 13.8.2 009 AND 22.1.2009 BY THIS BENCH THERE WAS NO NEED FOR PERMI SSION OF THE COD TO PURSUE THE DISPUTE BY THE PETITIONER AGAINST THE PSU. SINCE A MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE ORD ERS OF THE TRIBUNAL WE RECALL THE SAME AND DIRECT THE REGISTRY TO FIX T HE APPEALS FOR HEARING IN DUE COURSE. 3. IT IS TO BE NOTED THAT VIDE ORDER DATED 13.8.20 10 IN M.P.NO. 100/MDS/2010 THE TRIBUNAL HAS RECALLED ITS ORDER I N I.T.A.NO. M.P 161 162&163/2011 :- 3 -: 1566/MDS/ 2008 FOR ASSESSMENT YEAR 2004-05 IN RESP ECT OF ONLY ONE ISSUE AS PER THE COD APPROVAL OBTAINED BY THE REV ENUE. IN VIEW OF THE HON'BLE SUPREME COURT DECISION (SUPRA) WE RECA LL THE TRIBUNAL ORDER QUA ON ALL THE THREE ISSUES INVOLVED IN THIS APPEAL. 4. IN THE RESULT THE M.P.NOS.161 AND 162/MDS/2011 S TAND ALLOWED. 5. AS REGARDS I.T.A.NO. 393/MDS/2009 VIDE ORDER DATED 4.6.2010 IN M.P.NO.83/MDS/2010 THE TRIBUNAL HAS RECALLED I TS ORDER DATED 13.8.2009 IN VIEW OF THE COD APPROVAL OBTAINED BY T HE REVENUE BUT THE REVENUE HAS INADVERTENTLY AGAIN FILED THE PRESE NT M.P. BEARING NO.163/MDS/2011. WE THEREFORE DISMISS THE SAME. 6. TO SUMMARIZE THE RESULT M.P.NOS.161 & 162/MDS/201 1 STAND ALLOWED WHEREAS M.P.NO.163/MDS/2011 STANDS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 23 .9.2011 SD/- SD/- (N.S.SAINI) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 23 RD SEPTEMBER 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR