ACIT, Bangalore V. M/s. Vijaya Bank, Bangalore

ITA 390/BANG/2009

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9399 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 27-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PREETHI GARG
• Assessee Lawyers: VANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NOS. 389 & 390/BANG/2009 ASSESSMENT YEARS : 2004-05 & 2005-06 THE ADDITIONAL COMMISSIONER OF INCOME-TAX (L.T.U.), BANGALORE. APPELLANT VS. M/S. VIJAYA BANK, NO.41/2, M.G. ROAD, BANGALORE 560 001. RESPONDENT APPELLANT BY : SMT. PREETHI GARG RESPONDENT BY : MS. VANI O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER THESE TWO APPEALS BY THE REVENUE IN ITA NOS.389 & 390/B/09 ARE DIRECTED AGAINST THE TWO SEPARATE OR DERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-LTU, BANGALORE DATED 29 TH JANUARY, 2009 FOR THE ASSESSMENT YEARS 2004-05 AND 2005-06. 2. THE ASSESSEE IS A PUBLIC SECTOR UNDERTAKING. AT TH E OUT SET, WE NOTICED THAT THE REVENUE HAS FILED THES E ITA NOS.389 & 390/B/09. PAGE 2 OF 3 APPEALS, BUT HAS NOT PRODUCED THE NECESSARY CLEARAN CE FROM THE COMMITTEE ON DISPUTES (COD) / HIGH POWER COMMITTEE, WHICH IS MANDATORY, IN ACCORDANCE WITH T HE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE O F ONGC & ANOTHER VS. COLLECTOR, CENTRAL EXCISE (1992 ) 104 CTR 31. WE DO NOT PROPOSE TO GO INTO THE MERIT S AS THERE IS NO CLEARANCE FROM THE COMMITTEE ON DISPUTE S AND THEREFORE THE APPEALS ARE DISMISSED AS NOT MAINTAIN ABLE. HOWEVER, THE REVENUE IS AT LIBERTY TO APPROACH THIS TRIBUNAL WITH A REQUEST FOR RESTORATION OF THE APPE ALS, AS AND WHEN PERMISSION IS OBTAINED TO PROSECUTE THE AP PEALS FROM C.O.D., PROVIDED THE SAME IS MADE WITHIN THE T IME PRESCRIBED UNDER LAW. 3. IN THE RESULT THE APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 4 TH DAY OF AUGUST, 2009. SD/- SD/- (SHAILENDRA KUMAR YADAV) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT M EMBER BANGALORE, DATED, 4 TH AUGUST, 2009. DS/- ITA NOS.389 & 390/B/09. PAGE 3 OF 3 COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A), 5 DR, ITAT, BANGALORE. 6 GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.