ACIT, Circle - 56, Kolkata V. The West Bengal State Cooperative Bank Ltd., Kolkata

ITA 1664/KOL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7965 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2010
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 23-09-2009
• Court: TRIBUNAL
• Assessee Lawyers: SOUMITRA CHOW DHURY

Judgement Text

INCOME TAX APPELLATE TRIBUNAL C BENCH, KOLKA TA (BEFORE SMT. DIVA SINGH, JM & SHRI B.C.MEENA,AM) I.T.A.NO.1664/KOL/2009 ASSESSMENT YEAR 2006-07 A.C.I.T.,CIRCLE-6, -VS- THE WEST BENGAL STATE CO-OPERATIVE KOLKATA, BANK LTD.,KOLKATA PAN:AAAAT 7072M (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VINAY KUMAR RESPONDENT BY : SHRI SOUMITRA CHOW DHURY O R D E R PER SMT. DIVA SINGH, JUDICIAL MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST ORDE R DATED 27.03.2009 OF THE CIT- (A)-XXXVI, KOLKATA PERTAINING TO 2006-07 A.YR. WHER EIN VARIOUS GROUNDS HAVE BEEN RAISED AGITATING AGAINST THE ACTION OF THE LD. CIT( A) IN ALLOWING THE APPEAL OF THE ASSESSEE. HOWEVER, AT THE TIME OF THE HEARING IT WA S SUBMITTED BY THE LD. AR THAT IN THE YEAR UNDER CONSIDERATION THE DEPARTMENT HAS NOT OBT AINED THE COD PERMISSION WHICH IS NECESSARY AS PER THE JUDGEMENTS OF THE HONBLE H IGH COURTS AND THE SUPREME COURT. IT WAS SUBMITTED THAT IN THE CASE OF THE ASSESSEE I TSELF THE DEPARTMENTAL APPEAL HAS BEEN DISMISSED FOR WANT OF COD. ACCORDINGLY RELIANCE WAS PLACED UPON THE ORDER DATED 14.09.2009 IN ITA NO.954/KOL/2009 IN ASSESSEES OWN CASE. 2. THE LD. DR WAS REQUIRED TO ADDRESS THE BENCH TH AT WHETHER ANY COD PERMISSION HAS BEEN OBTAINED BY THE DEPARTMENT. MR. VINAY KUMAR, CIT DR FAIRLY SUBMITTED THAT AT PRESENT THE COD PERMISSION HAS NO T BEEN OBTAINED. 3. IN THE AFORE MENTIONED PECULIAR FACTS AND CIRCUMSTANCES WE ARE OF THE CONSIDERED VIEW THAT IT WOULD BE APPROPRIATE TO DISMISS THE DE PARTMENTAL APPEAL IN LIMINE. WE FIND SUPPORT FROM THE ORDER OF THE ITAT, PUNE BENCH IN THE CASE OF MAHARASHTRA STATE WAREHOUSING CORPORATION LTD. VS- DCIT REPORTED IN 122 TTJ (PUNE) 865. WE HASTEN 2 TO ADD THAT THE DEPARTMENT WILL BE AT LIBERTY TO RE VIVE THIS APPEAL BY WAY OF MOVING A MISCELLANEOUS PETITION AND PRAYING FOR RECALL OF TH IS ORDER AND ADJUDICATING ON MERITS AS AND WHEN COD APPROVAL IS GRANTED TO THE DEPARTME NT BY THE HIGH POWER COMMITTEE FOR PURSUING THE PRESENT APPEAL BEFORE TH E TRIBUNAL 4. 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. 30.03.2010. SD/- SD/- (B.C.MEENA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 30.03.2010. COPY OF THE ORDER IS FORWARDED TO :- 1. THE WEST BENGAL STATE CO-OPERATIVE BANK LTD., 24 A, WATERLOO STREET, KOLKATA- 700069. 2. A.C.I.T., CIRCLE-56, KOLKATA. 3. C.I.T.(APPEALS)-XXXVI, KOLKATA 4) C.I.T. KO LKATA 5. D.R., ITAT, KOLKATA BY ORDER ASSISTANT REGISTRAR I.T.A.T., KOLKATA R.G./P.S. TRUE COPY