Shivshahi Punarvasan Prakalp vs. UOI (Bombay High Court)

DATE: (Date of pronouncement)
DATE: January 14, 2010 (Date of publication)

Click here to download the judgement (shivshahi_punarvasan_state_govt_psu_cod.pdf)

State Govt. PSUs do not need COD approval

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.

Note: The same view has been taken in Gujarat Mineral Development Corp vs. ITAT 25 DTR 241 (Guj) albeit without noticing ONGC vs. CIDCO. See Also: Maharashtra State Warehousing Corpn 22 DTR 531 (Pune) (Trib.)