DCIT, Hyderabad V. M/s State Bank of Hyderabad, Hyderabad

ITA 670/HYD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3090 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 03-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDRA SEKHARAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMEBR ITA NO.670/HYD/10 : ASSTT. YE AR 2003-04 DY. COMMISSIONER OF INCOME- TAX, CIRCLE 3(2), HYDERABAD V/S. STATE BANK OF HYDERABAD, HYDERABAD ( PAN AACCS 4009 H ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M.S.CHANDRASEKHARAN, CIT-DR RESPONDENT BY : SHRI PAVAN KUMAR O R D E R PER G.C.GUPTA, VICE PRESIDENT: THIS APPEAL OF THE REVENUE FOR THE ASSESSMENT YEAR 200 3- 04 IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOM E-TAX (APPEALS). 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO O UR NOTICE AT THE OUT SET, THAT APPROVAL OF THE COMMITTEE ON DISPUT ES HAS NOT BEEN RECEIVED BY THE APPELLANT TO PURSUE THE PRESENT APPEAL . ASSESSEE, BEING A PUBLIC SECTOR UNDERTAKING, APPROVAL OF THE CO MMITTEE ON DISPUTES IS MANDATORY TO PURSUE THE APPEAL. IN THIS VIE W OF THE MATTER, THIS APPEAL OF THE REVENUE IS LIABLE TO BE DI SMISSED FOR WANT OF APPROVAL FROM COD. WE, HOWEVER, HOLD THAT THE APPE LLANT SHALL BE AT ITA NO670./HYD/10 STATE BANK OF HYDERABAD, HYDERABAD 2 LIBERTY TO REQUEST FOR RECALL OF THIS ORDER AND RESTORA TION OF THE APPEAL FOR ADJUDICATION THEREOF ON MERITS, IN CASE APPROVAL OF THE COD IS RECEIVED LATER. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING OF THE APPEAL ON 28.7.2010 SD/- SD/- (AKBER BASHA) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 28 JULY, 2010 COPY FORWARDED TO: 1. M/S. STATE BANK OF HYDERABAD, GUNFOUNDRY, ABIDS, HYD ERABAD 2. DY. COMMISSIONER OF INCOME-TAX, CIRCLE 3(2), HYDERA BAD 3. COMMISSIONER OF INCOME-TAX(APPEALS), GUNTUR. 4. COMMISSIONER OF INCOME-TAX III, HYDERABAD 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S .