The assessee is a State Govt. undertaking. Its appeal was dismissed by the Tribunal on the ground that the approval of the Committee on Disputes (“COD”) had not been obtained. In a writ petition filed by the assessee, the Additional Solicitor General appearing for the revenue stated that it was not the contention of the revenue that COD approval was required for appeals before the Tribunal in Income-tax matters.
It was pointed out that though in ONGC vs. CIDCO 2007 (7) SCC 39, the Supreme Court had directed the formation of a Committee to sort out differences between the Central Government and State Government entities, and a Committee would be constituted by the UOI to look into disputes on a case to case, this was not necessary in income-tax matters. Accordingly, the order of the Tribunal was set-aside for a decision on the merits.
FULL CASE LAW IS AS FOLLOWS:-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2270 of 2009
M/s. Shivshahi Punarvasan Prakalp Ltd. ….Appellant.
V/s.
Union of India & Ors …Respondents.
Mr. B.V. Jhaveri for appellant.
Mr. J.S. Saluja for respondent Nos.1 to 4.
Mr. D. J. Khambata, Additional Solicitor General with A.M. Sethna for respondent No.5.
