1 itxa2814-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2814 OF 2010 The Commissioner of Income Tax-III, Pune ..Appellant. V/s. The United Wester Bank Ltd. (Now amalgamated in Industrial Development Bank of India) ..Respondent. Mr. Vimal Gupta for the appellant. Mr. S.N.Inamdar, senior Advocate with Mihir Naniwadekar for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 22ND JUNE, 2011 P.C. :- 1. In this case, the appeal filed by the revenue was dismissed not merits but on the ground that the revenue has not obtained clearance from the Committee on Disputes. 2. The Apex Court in the case of Electronics Corporation of India Ltd. V/s. Union of India & Ors. reported in (2011) 51 DTR 193 has held that clearance from COD is not mandatory. Hence counsel for the 2 itxa2814-10 parties states that the order of the ITAT may be set aside and the appeal be restored to the file of the ITAT. Accordingly, the appeal is allowed. The order of the ITAT dated 31/8/2009 in ITA No.572/PN/2009 is quashed and set aside and the ITAT is directed to hear the matter on merits and in accordance with law. 3. The appeal is disposed off accordingly with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)