CIT v. M.P. Rajya Van Vikas Nigam

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The Tax Publishers2020 TaxPub(DT) 1896 (MP-HC)

INCOME TAX ACT, 1961

Section 260A

Law laid down by Supreme Court in Electronics Corporation of India Ltd. v. Union of India (2011) 332 ITR 58 (SC) : 2011 TaxPub(DT) 0928 (SC) in which it was held that approval of COD in terms of its earlier judgment was not required. Orders passed by Tribunal dismissing the appeal only on the ground that there was no clearance of COD was unsustainable and the same was hereby set aside.

Appeal (High Court) - Approval of the committee on dispute constituted by Central Government was not obtained - -

Issue arose for consideration as to whether Tribunal was right in dismissing the appeal filed by revenue only on the ground that approval of the committee on dispute constituted by the Central Government was not obtained.Held: A similar question had come up for consideration before this Court in Northern Coal Fields Ltd. [2020 (2) TMI 573 (MP-HC) wherein, Bench considered the law laid down by Supreme Court in Electronics Corporation of India Ltd. v. Union of India (2011) 332 ITR 58 (SC) : 2011 TaxPub(DT) 0928 (SC) in which it was held that approval of COD in terms of its earlier judgment was not required. Orders passed by Tribunal dismissing the appeal only on the ground that there was no clearance of COD was unsustainable and the same was hereby set aside.

Followed:Electronics Corporation of India Ltd. v. Union of India (2011) 332 ITR 58 (SC) : 2011 TaxPub(DT) 0928 (SC)

REFERRED :

FAVOUR : Against the assessee.

A.Y. :

IN THE MADHYA PRADESH HIGH COURT