Dy. Commissioner of Income Tax, Sultanpur V. Bareilly Kshetriya Gramin Bank, Raibareli

MA 1/LKW/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0321 (ITAT-LUCKNOW)
• Duration Of Justice: 3 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-04-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 16-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B : LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER M .A. NO. 01 /LKW/201 3 ( ARISING OUT OF I.T.A. NO.191/LKO/2010) ASSESSMENT YEAR:0 6 - 0 7 DY. C.I.T., VS. BAREILLY KSHETRIYA GRAMIN BANK CIRCLE - SULTANPUR. NOW BARODA U.P. GRAMIN BANK, A - 1, CIVIL LINES, RAEBAREILLY. PAN:AACCB4283F (APP LICANT ) (RESPONDENT) APP LICANT BY :SMT. RANU BISWAS, D. R. RESPONDENT B Y :SHRI RA KESH GARG, ADVOCATE DATE OF HEARING :1 5 /03/2013 DATE OF PRONOUNCEMENT : 25/04/2013 ORDER PER SUNIL KUMAR YADAV: THIS MISC. APPLICATION IS PREFERRED BY THE REVENUE WITH A REQUEST TO RECALL THE ORDER OF THE TRIBUNAL DATED 18 TH MAY , 2010 AS THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND THAT THE DEPARTMENT HAS FAILED TO OBTAIN THE APPROVAL OF COMMITTEE ON DISPUTES. NOW IN THE LIGHT OF THE JUDGMENT OF HON'BLE SUPREME COURT IN THE CASE OF ELECTRONICS CORPORATION OF INDIA LTD. V S. UNION OF INDIA AND OTHERS IN CIVIL APPEAL NO. 1883 OF 2011 ARISING OUT OF SLP NO. 2538 OF 2009 WITH 2 CIVIL APPEAL NO. 1903 OF 2008, THE APPROVAL OF THE COD IS NO LONGER REQUIRED. THEREFORE, THE ORDER OF THE TRIBUNAL DATED 18 TH MAY, 2010 MAY BE RECALLED. 2. THE FACTUAL ASPECT WAS NOT DISPUTED BY THE LEARNED COUNSEL FOR THE ASSESSEE. 3. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL DATED 18 TH MAY, 2010 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISC. APPLICATION OF THE REVENUE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 25/04/2013 ) SD/. SD/. (J. SUDHAKAR REDDY ) ( S UNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25/04/2013 *CL SINGH COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR