ITAT allows revenue's misc application post Supreme Court COD decision, rendering COD approval irrelevant. Appeal restored for 2007-08.

The ITAT allowed the revenue's miscellaneous application, considering the Supreme Court's decision dissolving the COD mechanism, making the COD approval irrelevant. Consequently, the appeal for assessment year 2007-08 was restored for further proceedings.

---

---

Issues involved: Appeal dismissal due to lack of COD approval, relevance of COD approval post Supreme Court decision.

Summary:
1. The present Miscellaneous Application was filed by the revenue, seeking revival of its appeal which was dismissed by ITAT for want of COD approval. The revenue argued that the mechanism of COD, necessary for approval, was dissolved by the Hon'ble Supreme Court in a 2011 order, making the approval irrelevant. The ITAT agreed and decided to restore the appeal for assessment year 2007-08 for hearing on a specified date.

2. The ITAT considered the revenue's plea in light of the Supreme Court's decision dissolving the COD mechanism, rendering the approval unattainable. Consequently, the ITAT recalled its earlier order and directed the Registry to reinstate the appeal and cross-objection to their original numbers, scheduling them for a hearing on a specified date.

3. The ITAT allowed the revenue's miscellaneous application, acknowledging the impact of the Supreme Court's decision on the relevance of COD approval, and setting the stage for the appeal to be decided on merit.

Decision: The miscellaneous application of the revenue was allowed, and the appeal was restored for further proceedings.

---