Dy.CIT, Circle-3(2), Hyderabad V. State Bank of Hyderabad, Hyderabad

MA 109/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2303 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-08-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 28-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LAXMINIVAS SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MISC. APPLICATION NO.109/HYD/2014 (IN ITA NO.791/HYD/2009) : ASSESSMENT YEAR 2006 - 07 DY. COMMISSIONER OF INCOME - TAX CIRCLE 3(2), HYDERABAD V/S. STATE BANK OF HYDERABAD , HYDERABAD (PAN - AADCS 4009 H) (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI R.MOHAN REDDY DR RESPONDENT BY : SHRI LAXMINIVAS SHARMA DATE OF HEARING 22 .0 8 .2014 DATE OF PRONOUNCEMENT 22.08.2014 O R D E R PER P.M.JAGTAP, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS SEEKING RECALL OF THE TRIBUNAL ORDER DATED 30 TH DECEMBER, 2009 PASSED IN ITA NO.791/HYD/2009, DISMISSING THE APPEAL OF THE REVENUE FOR WANT OF COD APPROVAL. 2. AS NOTED AT THE TIME OF HEARING, THIS MISCELLANEOUS APPLICATION SEEKING RECTIFICATION OF THE ORDER OF THE TRIBUNAL UNDER S.254(2) IS FILED BY THE REVENUE ON 28 . 3 .2014, I.E. AFTER A PERIOD OF FOUR YEARS FROM THE DATE OF THE ORDER OF THE TRIBUNAL, VIZ. 30.12.2009. THE SAME THUS IS BARRED BY LIMITATION AND IS LIABLE TO BE DISMISSED AT THE VERY THRESHOLD, BEING BARRED BY TIME. WE DO SO ACCORDINGLY. 3 . IN THE RESULT, MISCELLANEOUS APPLI C ATION OF THE REVENUE IS DISMISSED. MA NO.109/HYD/2014 (IN I TA NO. 791 /H YD/ 2009) STATE BANK OF HYDERABAD, HYDERABAD 2 ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING ON 22.8.2014 SD/ - SD/ - ( SAKTIJIT DEY ) ( P.M.JAGTAP ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/ - 22 ND AUGUST, 2014 COPY FORWARDED TO: 1. DY. GENERAL MANAGER, STATE BANK OF HYDERABAD , ACCOUNTS & SERVICES DEPARTMENT (HYBANK TOWERS, HEADQUARTERS HYDERABAD), GUNFOUNDRY, HYDERABAD 500 001. 2 . ASSTT. COMMISSIONER OF INCOME - TAX, CIRCLE 3(2), HYDERABAD 3. 4. COMMISSIONER O F INCOME - TAX(APPEALS) - IV , HYDERABAD COMMISSIONER OF INCOME - TAX III , HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S