2012 (3) TMI 506

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....ce made u/s 14A of the Act. b) Disallowance of contribution made to retired employees meal benefit scheme. c) Disallowance of broken period interest paid on purchase of securities. d) Disallowance of bad debts claim. 3. At the time of hearing, the Ld Counsel for the assessee brought to our notice the minutes of meeting of the Committee On Disputes (COD) held on 11-11-2010 and submitted that the COD has given permission to the revenue only to pursue the issues listed as (a) and (d) supra. Accordingly, he requested that the grounds relating to the issues listed as (b) and (c) be dismissed. 4. The procedure for obtaining permission from the Committee on Disputes by the Public Sector undertakings was prescribed ....

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.... to, there is no necessity for the Ministries and Public Sector Undertakings of Government of India to obtain any such permission from Committee on Disputes for prosecuting the appeals. 5. Now the question that arises is whether the order passed by the Committee on Disputes denying permission would still be valid even after the decision of the Hon'ble Supreme Court in the case of Electronics Corporation of India Ltd, supra. This question came to be considered by the Hon'ble Kerala High Court in the assessee's own case in RP No.895 of 2010. The Jurisdictional High Court, vide its order dated 30-11-2011 has held as under:- "However, the respondent's counsel brought to our notice that the COD rejected Revenue"s application for perm....

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....urt referred supra and consequently it has to be complied with. Since the COD has denied permission to prosecute the issues listed as (b) and (c) in paragraph 2 supra, we dismiss the grounds raised by the revenue relating to the same. 5. We shall proceed to address the remaining two issues. The first one relates to the disallowance of expenses u/s 14A of the Act on estimated basis. We notice from the order of Ld CIT(A) that the co-ordinate bench of ITAT, Cochin had considered an identical issue in the assessee's own case relating to the assessment year 2000-01 in ITA No.295/Coch/2003 and the Tribunal, vide its order dated 19-09-2006, has held that no expenditure can be disallowed on estimate basis. The Ld CIT(A) has followed the said dec....