Progressive Urban Cooperative Bank Ltd., Lucknow V. Astt. Commissioner of Income Tax-3, Lucknow

MA 08/LKW/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6441 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 20-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: YOGESH AGRAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. NO.08/LKW/2018 [IN ITA NO. 690/LKW/2016] ASSESSMENT YEAR: 2013 - 14 PROGRESSIVE URBAN CO OPERATIVE BANK LTD. LUCKNOW V. ACIT RANGE 3 LUCKNOW T AN /PAN : AAAAP1475D (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI YOGESH AGRAWAL, ADVOCATE RESPONDENT BY: SHRI AJAY KUMAR, D.R. DATE OF HEARING: 23 0 3 201 8 DATE OF PRONOUNCEMENT: 23 04 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE TRIBUNAL DATED 18/1/2018 IN ITA NO.690/LKW/2016. 2 . WE HAVE GONE THROUGH THE MISCELLANEOUS APPLICATION OF THE ASSESSEE AND WE FIN D THAT THE TRIBUNAL WHILE DECIDING THE APPEAL OF THE ASSESSEE OBSERVED AT PARA 10 OF ITS ORDER THAT THE ENTIRE MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER TO ADJUDICATE THE ISSUE IN THE LIGHT OF FACTUAL AND LEGISLATIVE PARAMETERS AN D AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. HOWEVER, WE HAVE RESTORED THE MATTER TO THE FILE OF THE LD. CIT(A) INSTEAD OF ASSESSING OFFICER, WHICH IS A MISTAKE APPARENT ON RECORD, THEREFORE, TO THAT EXTENT M.A. NO.08/LKW/2018 PAGE 2 OF 2 WE RECALL OUR ORDER AND AMEND LAST 7 LINES OF PARA 10 OF THE ORDER TO READ AS UNDER: - IN THIS VIEW OF THE MATTER, WE ARE OF THE CONSIDERED VIEW THAT IN THE INTEREST OF JUSTICE, THE E NTIRE MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER TO ADJUDICATE THE ISSUE IN THE LIGHT OF FACTUAL AND LEGISLATIVE PARAMETERS AND AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER. 3 . TO THIS EXTENT, THE MISCELLANEOUS APPLICATION IS ALLOWED. REST OF THE ORDER SHALL REMAIN UNCHANGED. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED AS INDICATED ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 23 / 0 4 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PAR THA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23 RD APRIL , 201 8 JJ: 2303 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR