DCIT, Udupi V. M/s Syndicate Bank, Manipal

ITA 366/BANG/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 5174 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-05-2013
• Assessment Year: misc
• Appeal Filed On: 12-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PREETHI GARG CITIIIDR
• Assessee Lawyers: T SURYANARAYANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NOS. 366, 367, 377 & 378/BANG/2010 ASSESSMENT YEARS : 1984-85, 1987-88, 1990-91, 199 9-2000 THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 1, UDUPI. : APPELLANT VS. M/S. SYNDICATE BANK, HEAD OFFICE, MANIPAL. : RESPONDENT APPELLANT BY : SMT. PREETHI GARG, CIT-III(DR) RESPONDENT BY : SHRI T. SURYANARAYANA, ADVOCATE. O R D E R PER BENCH THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINS T THE COMMON ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEAL S), MANGALURU, DATED 8.1.2010 FOR THE A.YS. 1984-85 & 1987-88 AND SEPARA TE ORDERS DATED 15.1.10 FOR THE A.Y. 1990-91 AND 1999-2000. 2. THE ASSESSEE, A NATIONALIZED BANK, IS A PUBLIC S ECTOR UNDERTAKING. AT THE OUT SET, WE NOTICE THAT THE REVENUE HAS FILE D THESE APPEALS, BUT HAS NOT PRODUCED THE NECESSARY CLEARANCE FROM THE COMMI TTEE ON DISPUTES ITA NO.366,367,377 & 378 /B/ 10 PAGE 2 OF 2 (COD), WHICH IS MANDATORY FOR PROSECUTING THE APPEA LS, IN ACCORDANCE WITH THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CA SE OF ONGC & ANOTHER VS. COLLECTOR, CENTRAL EXCISE (1992) 104 CT R 31. WE DO NOT PROPOSE TO GO INTO THE MERITS AS THERE IS NO CLEARA NCE FROM THE COMMITTEE ON DISPUTES AND THEREFORE THE APPEALS ARE DISMISSED IN LIMINE AS NOT MAINTAINABLE. HOWEVER, THE REVENUE IS AT LIBERTY T O APPROACH THIS TRIBUNAL FOR RESTORATION OF THE APPEALS, AS AND WHEN THE PER MISSION IS OBTAINED FROM COD TO PROSECUTE THE APPEALS, PROVIDED THE SAME IS MADE WITHIN THE TIME PRESCRIBED UNDER LAW. 3. IN THE RESULT THE APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF JULY, 2010. SD/- SD/- ( A. MOHAN ALANKAMONY ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIAL MEMB ER BANGALORE, DATED, THE 20 TH JULY, 2010. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. C IT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.