M/s. Kizhathadiyor Service Co-op bank Ltd, Pala V. The ITO, Kottayam

MA 109/COCH/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5344 (ITAT-COCHIN)
• Duration Of Justice: 7 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 24-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 22-08-2016
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI ABRAHAM P. GEORGE, AM & GEORGE GEORGE K., JM M .P. NO.109 /C OCH/2016 (ARISING OUT OF C.O. NO.07/COCH/2015) ASSESSMENT YEAR : 2010 - 11 THE KIZHATHADIYOOR SERVICE CO - OPERATIVE BANK LTD., MAIN ROAD, PALA, KOTTAYAM-686 575. [PAN: AAAAK 3240R] VS. THE INCOME T AX OFFICER, WARD - 2, KOTTAYAM. (ASSESSEE - APPELLANT) (REVENUE - RESPONDENT) ASSESSEE BY SHRI PRASANTH SRINIVAS, FCA REVENUE BY SHRI A. DHANARAJ , SR. DR DATE OF HEARING 24 / 0 3 / 201 7 DATE OF PRONOUNCEMENT 24 / 0 3 /201 7 O R D E R PER GEORGE GEORGE K.,JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION FILED BY THE AS SESSEE ARISES OUT OF C.O. NO. 07/COCH/2015. THE RELEVANT ASSESSMENT YEAR IS 2010 -11. 2. THE BRIEF FACTS IN RELATION TO THE CASE ARE AS FOLLOWS: THE DEPARTMENT HAD FILED AN APPEAL BEFORE T HE TRIBUNAL (I.T.A. NO. 67/COCH/2015). THE ASSESSEE HAD ALSO FILED A MEMORA NDUM OF CROSS OBJECTIONS IN C.O. NO. 07/COCH/2015. THE TRIBUNAL VIDE ORDER DATED 19/07/2016 HAD M.P.. NO.109/COCH/2016 2 DISMISSED THE APPEAL OF THE REVENUE AS DEFECTIVE SI NCE THERE WAS NO PETITION FOR CONDONATION OF DELAY. THE ASSESSEES CROSS OBJECTI ON WAS ALSO DISMISSED IN LIMINE FOR THE REASON THAT WITHOUT AN APPEAL, THE C O CANNOT SURVIVE. THE CONTENTION RAISED BY THE ASSESSEE IN THIS MISCELLAN EOUS APPLICATION IS THAT THE CROSS OBJECTION MAY BE TREATED AS AN INDEPENDENT AP PEAL AND THE SAME MAY BE DISPOSED OF ON MERITS. FOR THE ABOVE PROPOSITION, T HE LD. COUNSEL FOR THE ASSESSEE, SHRI PRASANTH SRINIVAS RELIED ON THE JUDG MENT OF THE HONBLE HIGH COURT OF KERALA IN THE CASE OF CITY CENTRE BUILDERS & DEVELOPERS, THRISSUR VS. ITAT & OTHERS IN WP(C) NO. 7688 OF 2016 (G) DATED 0 2/06/2016. 3. THE LD. DR PRESENT WAS DULY HEARD. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL ON RECORD. THE REVENUES APPEAL WAS DISMISSED AS DEFECTIVE BY THE TRIBUNAL. THE TRIBUNAL ALSO DISMISSED THE CO FILED BY THE ASSESSEE BY HOLD ING THAT CO DOES NOT HAVE INDEPENDENT EXISTENCE AND DISMISSED THE SAME WITHOU T GOING INTO THE ISSUE ON MERITS. THE HONBLE HIGH COURT OF KERALA IN THE CA SE OF CITY CENTRE BUILDERS & DEVELOPERS, THRISSUR VS. ITAT & OTHERS (SUPRA) HAD HELD THAT CO HAS INDEPENDENT EXISTENCE AND DIRECTED THE TRIBUNAL TO DISPOSE OFF THE SAME ON MERITS. THE RELEVANT OBSERVATION OF THE HONBLE HI GH COURT READS AS FOLLOWS:- 3. CROSS OBJECTION IS FILED U/S. 253(4) OF THE INC OME TAX ACT. WHEN A CROSS OBJECTION IS FILED U/S. IN AN APPEAL, IT HAS TO BE TREATED AS AN INDEPENDENT M.P.. NO.109/COCH/2016 3 APPEAL AND HAS TO BE DECIDED IRRESPECTIVE OF THE FA CT AS TO WHETHER THE APPEAL FILED BY THE DEPARTMENT HAS BEEN DISMISSED ON WHATE VER GROUNDS. THERE IS NO DOUBT ABOUT THE ABOVE PROPOSITION. THE APPELLATE A UTHORITY WAS THEREFORE NOT JUSTIFIED IN REJECTING THE CROSS OBJECTION AS INFRU CTUOUS. IN VIEW OF THE ABOVE JUDGMENT OF THE HONBLE HIGH C OURT OF KERALA, WE RESTORE THE CO. THE CO SHALL BE DISPOSED OFF ON MERITS. T HE REGISTRY IS DIRECTED TO POST THE CROSS OBJECTION IN C.O. NO. 07/COCH/15 FOR FINA L HEARING ON 22-05-2017 . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THE REGISTRY NEED NOT SEND SEPARATE NO TICE OF HEARING TO THEM. THE ASSESSEE SHALL APPEAR BEFORE THE TRIBUNAL ON THE DA TE OF HEARING AND SHOULD NOT SEEK ADJOURNMENT WITHOUT REASONABLE CAUSE. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FIL ED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 24 -03-2017. SD /- SD/- (ABRAHAM P. GEORGE) ( GEORGE GEORGE K.) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: KOCHI DATED: 24 TH MARCH, 2017 GJ COPY TO: 1. THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD ., MAIN ROAD, PALA, KOTTAYAM-686 575. 2. THE INCOME TAX OFFICER, WARD-2, KOTTAYAM. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS) -V, KOCH I. 4. THE COMMISSIONER OF INCOME-TAX,KOTTAYAM. M.P.. NO.109/COCH/2016 4 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COC HIN