The Commissioner Of Income Tax v. Hindustan Latex Ltd

C.N. Ramachandran Nair, J.

Both these appeals are filed by the Revenue against the order of the Tribunal for the assessment years 1994-95 & 1995-96. We find that the respondent is a Central Government company against which appeal can be filed by the Income Tax Department only with the clearance of the Central Government in terms of the decision of the Supreme Court in M/s. Oil and Natural Gas Commission and another v. Collector of Central Excise (JT 1991 (4) SC 158). So far, no clearance is obtained. Moreover, the first appellate authority as well as the Tribunal took the same view and that too pertaining the claim of a newly established Government of India undertaking for incentive under Section 80 HHC of the Income Tax Act.

We therefore close the appeals with freedom to the appellant to move for restoration of appeals if the Committee constituted by the Government of India in terms of the decision of the Supreme Court approves prosecution of the appeal against the respondent company regarding the issues raised.

(C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ.

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I.T.A. Nos.222 & 315 of 2002

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JUDGMENT 4th March, 2008.