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TMI Blog2008 (8) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ras "C" Bench, Chennai, dated 27.09.2007 passed in ITA No.1487/Mds/2002. 2. The appellant is the Tamilnadu Warehousing Corporation established under the Warehousing Corporation Act, 1962 and is owned by the Government of Tamilnadu. The appellant is an assessee under the respondent. For the assessment year 1998-99, the assessee filed returns and claimed exemption under section 10(29) of the Income Tax Act in respect of the income derived from the activities carried on by the assessee, and those are warehousing charges, supervision charges, weigh bridge receipts, DESS receipts, rent receipts (quarters), interest on staff advances, fumigation receipts, interest on bank deposit, etc., The said exemption was claimed on the premis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 10(29) of the Act. 4. The revenue, aggrieved by the order of the Commissioner of Income Tax (Appeal), went on further appeal to the Income Tax Appellate Tribunal. The Tribunal, following the assessee's own case for the earlier assessment year and taking in aid the judgment of the Supreme Court in the case of Orissa State Warehousing Corporation Ltd. And Rajasthan State Warehousing corporation v. CIT, [1999] 237 ITR 589, has come to the conclusion that the words "any income" as appearing in the body of the section is restrictive in its application by reason of the user of the expression 'derived from' and hence the income derived as supervision charges, fumigation charges and way bridge receipt are not eligible for dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a State owned Corporation before filing an appeal against the Income Tax Department, we are of the view has to obtain clearance from the Committee of Disputes (CoD). The apex Court, in the case of Oil Natural Gas Corporation Ltd. v. City and Industrial Development Corporation, Maharashtra Ltd., (2007) 7 SCC 39, after referring to the earlier cases in Oil Natural Gas Commission v. Collector of Central Excise, 1992 Supp (2) SCC 432; Oil Natural Gas Commission v. Collector of Central Excise , 1995 Supp (4) SCC 541; Oil Natural Gas Commission v. Collector of Central Excise, (2004) 6 SCC 437; in which directions have been issued to set up governmental committee to resolve the dispute between the intra-governmental or intergovernme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e from the committee in case it has not been so pleaded and in the absence of the clearance, the proceedings would not be proceeded with. The same has been reiterated in the latest decision of the Supreme Court in the case of CIT v. Oriental Insurance Co. Ltd., in Civil Appeals Nos.4529 of 2008 etc., decided on July 18, 2008 [2008] 304 ITR 55 (SC). 9. In order to discharge that obligation, when we posed a question to the learned counsel as to whether such a clearance has been obtained from the CoD, he admitted that such a certificate from COD has not been obtained. Hence, the appeal is dismissed as not entertainable in the absence of the clearance, however, by giving liberty to the appellant to move this Court after obtaining cleara ..... X X X X Extracts X X X X X X X X Extracts X X X X
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