Eloor Service Co-Operative Bank Limited E103, Ernakulam V. ITO Ward 1 & TPS Aluva, Aluva

ITA 700/COCH/2022

AI Insights

The case involves Eloor Service Cooperative Bank Ltd., which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, dated 17.12.2021, concerning the Assessment Year 2017-18 under Section 143(3) of the Income Tax Act, 1961. The NFAC's decision had already favored the assessee, leading the Tribunal to dismiss the appeal on the grounds of non-maintainability, as the assessee was not aggrieved by the decision of the lower appellate authority. The Tribunal also noted that the assessee could pursue other legal remedies if available.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 115529 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-12-0000
• Assessment Year: 2017-2018
• Appeal Filed On: 23-06-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Satbeer Singh Godara, Judicial Memberand Shri Manoj Kumar Aggarwal, Accountant Member ITA No.700/Coch/2022 (Assessment Year:2017-18) Eloor Service Cooperative Bank Ltd. Cooperative Bank Building Eloor, Udyogmandal 683501 Vs. The Income Tax Officer-(1) & TPS Aluva PAN –AAAAE2676F Appellant Respondent Appellant by: Shri K.K. Jose, CA Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 09.11.2022 Date of Pronouncement: 27.12.2022 O R D E R Per: S.S. Godara, J.M. This assessee’s appeal for A.Y. 2017-18 arises against the National Faceless Appeal Centre (NFAC), Delhi’s order dated 17.12.2021, passed in case No. CIT(A), Kochi-2/10474/2019-20 involving proceedings under Section 143(3) of the Income Tax Act, 1961 (in short the Act). 2. Heard both the parties. Case file perused. 3. It emerges at the outset that the assessee’s appeal before the learned lower authorities itself stands allowed vide NFAC's order under challenge. That being the case, we hold that the assessee’s instant appeal could hardly held as maintainable once it could not be termed as aggrieved against the lower appellate order. Rejected accordingly with a rider that the assessee ITA No. 700/Coch/2022 Eloor Service Cooperative Bank Ltd. 2 shall be very much at liberty to take recourse to any other remedy; if available in law. 4. This assessee’s appeal is dismissed in above terms. Dictated and pronounced in the open Court on 27 th December, 2022. Sd/- Sd/- (Manoj Kumar Aggarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Cochin, Dated: 27 th December, 2022 Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) -NFAC, Delhi 4. The CIT- 5. The DR, ITAT, Cochin 6. Guard File By Order //True Copy// Assistant Registrar ITAT, Cochin n.p.