Bangalore Electricity Supply Company Ltd.,, Bangalore v. DCIT, Bangalore

MA 25/BANG/2011 | 2005-2006
Pronouncement Date: 25-03-2011 | Result: Allowed

Appeal Details

RSA Number 2521124 RSA 2011
Bench Bangalore
Appeal Number MA 25/BANG/2011
Duration Of Justice 27 day(s)
Appellant Bangalore Electricity Supply Company Ltd.,, Bangalore
Respondent DCIT, Bangalore
Appeal Type Miscellaneous Application
Pronouncement Date 25-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 25-03-2011
Assessment Year 2005-2006
Appeal Filed On 28-02-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER M.P. NO.25/BANG/2011 (IN ITA NO. 359/BANG/09) ASSESSMENT YEAR : 2005-06 BANGALORE ELECTRIC SUPPLY COMPANY LTD. CORPORATE OFFICER IV FLOOR K.R. CIRCLE BANGALORE 560 001. : APPLICANT VS. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 11(2) BANGALORE. : RESPONDENT APPLICANT BY : SHRI V. SRIDHAR F.C.A. RESPONDENT BY : SMT. AMRITA RANJAN ADDL.CIT(DR) O R D E R PER A. MOHAN ALANKAMONY ACCOUNTANT MEMBER THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESS EE SEEKING TO RECALL THE ORDER OF THE TRIBUNAL DATED 11.09.2009 AND FOR RESTORATION OF THE APPEAL. 2. THE LD. AR SUBMITTED THAT THE TRIBUNAL VIDE ORDER D ATED 11.09.2009 DISMISSED THE APPEAL OF THE ASSESSEE IN ITA NO.359/ B/09 FOR THE ASSESSMENT YEAR ITA NO.MP 25/BANG/11 PAGE 2 OF 3 2005-06 FOR WANT OF COD APPROVAL RELYING UPON THE D ECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ONGC V. CCE [1995] SUPP 4 SCC 541 AND OTHER CASES. HE SUBMITTED THAT THE HONBLE SUPREME COURT IN THE RECENT JUDGMENT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA V. UOI & ORS. REPORTED IN [2011] 332 ITR 58 (SC) HAS RECALLED ITS EARLIER ORDERS ON THE ISSUE OF REQUIREMENT OF COD APPROVAL TO PROSECUTE T HE APPEAL. A COPY OF THE JUDGMENT REPORTED IN 332 ITR 58 IS FILED ON REC ORD. IN VIEW OF THE SAME HE SUBMITTED THE ORDER OF THE TRIBUNAL DATED 11.09. 2009 REQUIRES TO BE RECALLED AND THE APPEAL BE RESTORED FOR HEARING ON MERITS. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE HAVE ALSO GONE THROUGH THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UOI & ORS. (SUPRA) WHEREIN IT HAS BEEN HELD THE MECHANISM OF THE COMMITTEE ON DISPUTES SUGGESTED BY THE SUPREME COURT HAS OUTLIVE D ITS UTILITY AND IN VIEW OF THE CHANGED SCENARIO THE EARLIER ORDERS OF THE SUPREME COURT IN CERTAIN CASES OF ONGC ARE REQUIRED TO BE RECALLED. RESPECTFULLY FOLLOWING THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CA SE OF ELECTRONICS CORPORATION OF INDIA LTD. V. UOI & ORS. REPORTED IN 332 ITR 58 WE RECALL THE ORDER OF THE TRIBUNAL DATED 11.09.2009 AND RESTORE THE SAME FOR HEARING ON MERITS. THE REGISTRY IS DIRECTED TO POST THE CA SE FOR HEARING IN THE NORMAL COURSE. 4. IN THE RESULT THE MISCELLANEOUS PETITION IS ALL OWED. ITA NO.MP 25/BANG/11 PAGE 3 OF 3 PRONOUNCED IN THE OPEN COURT ON THIS 25 TH DAY OF MARCH 2011. SD/- SD/- ( SMT. P. MADHAVI DEVI ) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE DATED THE 25 TH MARCH 2011. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT BANGALORE.