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.