2020 (5) TMI 24 - HC - Income Tax

Dismissal of appeal filed by the Revenue - non obtaining approval of the committee on dispute constituted by the Central Govt. - HELD THAT - A similar question had come up for consideration before this Court in Northern Coal Fields Limited 2020 (2) TMI 573 - MADHYA PRADESH HIGH COURT wherein, the Bench considered the law laid down by the Supreme Court in Electronics Corporation of India Limited vs. Union of India and others 2007 (7) TMI 354 - SUPREME COURT in which it was held that approval of the CoD in terms of its earlier judgment was not required - Impugned orders passed by the Tribunal dismissing the appeals only on the ground that there was no clearance of the CoD, are unsustainable and the same are hereby set aside.

Summary

Issues:
- Appeal by Revenue under Section 260A of the Income Tax Act, 1961 involving substantial questions of law.
- Dismissal of appeal by the Income Tax Appellate Tribunal based on the requirement of Committee on Dispute (CoD) approval.
- Interpretation of the Supreme Court judgment in Electronics Corporation of India Ltd. vs. Union of India regarding the necessity of CoD approval.
- Comparison with earlier judgments and the impact on the requirement of CoD approval for filing appeals.
- Decision on the maintainability of the appeals and remand for re-decision on merit.

Analysis:
1. Substantial Questions of Law:
- The appeals by the Revenue under Section 260A of the Income Tax Act presented identical substantial questions of law regarding the dismissal of appeals by the Tribunal due to the absence of Committee on Dispute (CoD) approval.

2. Dismissal Based on CoD Approval:
- The Tribunal dismissed the Revenue's appeal citing the lack of CoD approval, providing the option to revive the appeal upon obtaining clearance from CoD or demonstrating the non-existence of such a committee.

3. Interpretation of Supreme Court Judgment:
- The Court analyzed the Supreme Court's judgment in Electronics Corporation of India Ltd. vs. Union of India, which clarified that CoD approval was not mandatory for filing appeals, overturning earlier decisions requiring such clearance.

4. Comparison with Earlier Judgments:
- Reference was made to previous judgments emphasizing the need for CoD approval, highlighting the evolution of the mechanism for settling government disputes and the subsequent realization of delays and inefficiencies in the process.

5. Decision on Maintainability and Remand:
- The Court concluded that the Supreme Court's reversal of earlier decisions rendered the requirement of CoD approval obsolete. Consequently, the Tribunal's dismissal of appeals based on this ground was deemed unsustainable, leading to the setting aside of those orders and remanding the matters for re-decision on merit.

This comprehensive analysis covers the issues raised in the judgment, detailing the reasoning behind the decision to set aside the Tribunal's orders and remand the appeals for further consideration in light of the clarified stance on the necessity of Committee on Dispute approval for filing appeals.