DCIT, Circle - 6, Kolkata, Kolkata V. UCO BANK, Kolkata

ITA 1032/KOL/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2450 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2010
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 19-05-2010
• Court: TRIBUNAL
• Department Lawyers: P C NAYAK
• Assessee Lawyers: ATUL PODDAR

Judgement Text

INCOME TAX APPELLATE TRIBUNAL A BENCH, KOLKA TA (BEFORE HONBLE SMT. DIVA SINGH, JM & SHRI C.D.RAO, AM) I.T.A.NO.1032/KOL/2010 ASSESSMENT YEAR 2004-05 D.C.I.T.,CIRCLE-6, -VS- M/S. UCO BANK KOLKATA, KOLKATA PAN NO.AAACU 3561 B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.C.NAYAK, SR.DR RESPONDENT BY : SHRI ATUL PODDAR O R D E R PER SMT. DIVA SINGH, JUDICIAL MEMBER THIS IS A DEPARTMENTAL APPEAL FILED AGAINST ORDER DATED 25.03.2010 OF THE CIT- (A)-VI, KOLKATA PERTAINING TO 2004-05 A.YR. AGAINST THE ACTION OF THE CIT(A) IN 271(1)(C) APPEAL. HOWEVER AT THE TIME OF HEARING AN ADJOURNMENT PETITION WAS MOVED BY THE LD. CIT(DR) MR. MAMIDI PRAYING FOR TIME STAT ING THAT THE CASE RECORDS HAVE BEEN MADE AVAILABLE ONLY RECENTLY AND A PROPER STUD Y IS REQUIRED. ACCORDINGLY IN SUPPORT OF THE SAID ADJOURNMENT PETITION THE SR.DR SHRI P.C.NAYAK WAS PRESENT. THE PARTIES BEFORE THE BENCH WERE REQUIRED TO INFORM WH ETHER ANY COD PERMISSION HAS BEEN OBTAINED BY THE DEPARTMENT IN THE PRESENT PROC EEDINGS AS PER THE JUDGEMENT OF THE HONBLE APEX COURT IN THE CASE OF MAHANAGAR TE LEPHONE LTD. V. CHAIRMAN, CBDT REPORTED IN 267 ITR 647 AT PAGE 652. 2. IN RESPONSE TO THE SAME THE LD AR STATED THAT AS PER HIS INFORMATION THERE IS NO PERMISSION GRANTED TO THE REVENUE AS ON DATE. 3. THE SR.DR WAS UNABLE TO INFORM THE BENCH IN REGA RD TO THE PERMISSION, IF ANY, GRANTED BY THE COD OR FOR THAT MATTER WHETHER THE C OD HAS BEEN PETITIONED FOR GRANT OF APPROVAL BY THE REVENUE OR NOT.. 2 4. IN THE AFORE MENTIONED FACTS AND CIRCUMST ANCES WE CONSIDER IT APPROPRIATE TO REJECT THE DEPARTMENTAL REQUEST AND DISMISS THE APP EAL IN LIMINE FOR WANT OF COD PERMISSION. HOWEVER, WE HASTEN TO ADD THAT THE DEPA RTMENT SHALL BE AT LIBERTY TO PRAY OF RECALL OF THIS ORDER AND ADJUDICATION ON MERITS BY WAY OF MOVING A MISCELLANEOUS PETITION AS AND WHEN COD APPROVAL IS GRANTED TO THE DEPARTMENT BY THE HIGH POWER COMMITTEE FOR PURSUING THE PRESENT APPEAL BEFORE TH E TRIBUNAL. 5. IN THE RESULT THE APPEAL OF THE REVENUE I S DISMISSED AS PER THE PRONOUNCEMENT MADE IN THE OPEN COURT IN THE PRESENCE OF THE PARTI ES ON THE DATE OF HEARING ITSELF I.E. 08.07.2010. SD/- SD/- (C.D.RAO) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 08.07.2010. COPY OF THE ORDER IS FORWARDED TO :- 1. M/S. U CO.BANK, 10, B.T.M.SARANI, KOLKATA-700001 . 2. D.C.I.T., CIRCLE-6, KOLKATA. 3. C.I.T.(APPEALS)-VI, KOLKATA 4) C.I.T. KOLKA TA 5. D.R., ITAT, KOLKATA BY ORDER ASSISTANT REGISTRAR I.T.A.T., KOLKATA R.G./P.S. TRUE COPY