INCOME TAX

INSTRUCTION NO. 1/2003

 Dated : April 22, 2003

Subject : COD references in the case of PSUs - Annexure to the Revised COD proforma-regarding.

I am directed to refer to the above-subject and to request that while sending COD proposals, dispute matters between the CBDT and PSUs for consideration of the Board/Committee on Dispute, the following information should be sent as on Annexure to the revised COD proforma alongwith revised COD proforma.

Annexure to the Revised referral proforma for approval of COD-

1. Tax effect involved year wise on the issues in which COD Approval is being sought:

2. Reasons for making the addition in assessment orders:

3. Reasons why the CIT (A)/ITAT have deleted the additions made in the order, for which appeal is pending:

4. Detailed reasons in about 500 words may be given why order against which appeal is being filed is erroneous or legally incorrect. (Please do not repeat reason mentioned in point no. 2):

5. If the order against which appeal is being filed is based on any previous order of the same authority then:

(a) The fate of such order by way of further appeal.

(b) Previous reference if any to the CBDT on the issue and the file No through which the decision of the CBDT was communicated.

6. Is the order under appeal based on some previous order of any higher Appellate Authority?

If Yes:

(a) The fate of such relied upon order.

(b) If the order relied upon has been accepted by the department, reasons for making the present reference to the COD.

7. Any other comments:

F.No. 279/Misc-365/02-ITJ

SURESH YADAV
Under Secretary to the Government of India.