M/s.Kizhathadiyoor Sevice Co-op Bank Ltd, Kottayam V. The ITO, Kottayam

CO 6/COCH/2015

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 4055 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-07-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 24-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A DHNARAJ
• Assessee Lawyers: PRAHANTH SRINIVAS
• Section: 64

Judgement Text

ITA NO S. 64 & 67 & CO 6 & 7/COCH/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH KOCHI BEFORE S/ SHRI B P JAIN , AM & GEORGE GEORGE K, JM ITA NOS 64 & 67/COCH/2015 (A SST YEAR S 2009 - 10 & 2010 - 11 ) & CROSS OBJECTION NOS 06 & 07/COCH/2015 THE INCOME TAX OFFICER WARD 3 KOTTAYAM VS THE K IZHATHADIYOOR SERVICE COOP BANK LTD MAIN ROAD PALA ( APPELLANT /RESPONDENT ) (RESPONDENT /CROSS OBJECTOR ) PAN NO. AAAAK3240R ASSESSEE BY SHRI PRAHANTH SRINIVAS REVENUE BY SH A DHNARAJ, SR DR DATE OF HEARING 19 TH JU LY 2016 DATE OF PRONOUNCEMENT 19 TH JU LY 2016 ORDER PER GEORGE GEORGE K, JM; THESE APPEALS, AT THE INSTANCE OF THE REVENUE AND THE CROSS OBJECTIONS BY THE ASSESSEE, ARE DIRECTED AGAINST SEPARATE ORDERS OF THE CIT(A) DATED 26 TH SEPT 2014 AND 31.10 2014 RESPECTIVELY. THE RELEVANT A SSESSMENT YEARS ARE 2009 - 10 AND 2010 - 11. 2 THE APPEALS FILED BY THE REVENUE ARE TIME BARRED BY 24 DAYS. THE REVENUE HAS NOT FILED ANY PETITION FOR CONDONATION OF DELAY. IN SPITE OF ISSUING ITA NO S. 64 & 67 & CO 6 & 7/COCH/2015 2 DEFECT MEMO, THE REVENUE HAS ALSO NOT RECTIFI ED THE DEFECT . T HEREFORE , WE DISMISS THESE APPEALS , AS DEFECTIVE . HOWEVER, THE REVENUE IS AT LIBERTY TO RECTIFY THE MISTAKE BY FILING A MISCELLANEOUS APPLICATION AS PER THE ITAT RULES AND IF THE BENCH IS SO SATISFIED THE APPEAL S OF THE REVENUE CAN BE RECA LLED FOR HEARING ON MERIT. 4 SINCE THE APPEALS FIL ED BY THE REVENUE ARE DISMISSED; THE CROSS OBJECTION PREFERRED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND THE SAME ARE DISMISSED. 5 IN THE RESULT, THE APPEALS FILED BY THE REVENUE AND THE CROSS OBJECTIONS FILLED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 19 TH DAY OF JULY 2016 . SD/ - SD/ - B P JAIN GEORGE GEORGE K (ACCOUNTAN T MEMBER ) (JUDICIAL MEMBER ) COCHIN: DATED 19 TH , J ULY 2016 RAJ* ITA NO S. 64 & 67 & CO 6 & 7/COCH/2015 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT, 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN