The ITO, Ward-1, Kasargode, Kasargode V. M/s.Kumbala Service Co-op Bank ltd, Kasargode

MA 177/COCH/2021

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7770 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-04-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 29-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Shri Anil Kumar Dugar, Judicial Member MA Nos. 177 to 179/Coch/2021 (arising out of ITA Nos. 439 to 441/Coch/2017) (Assessment Years: 2007-08, 2012-13 & 2013-14) Income Tax Officer Ward -1, Kasaragod vs. Kumbala Service Co-op. Bank Ltd. Kumbala, Kasaragod 671321 [PAN:AAAAT6032C] (Applicant) (Respondent) Applicant by: Shri Arun Raj, S., Advocate Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 19.04.2024 Date of Pronouncement: 19.04.2024 O R D E R Per: Sanjay Arora, AM This is a set of three Miscellaneous Applications (MAs) by the Revenue under section 254(2) of the Income-tax Act, 1961 (‘the Act’) in respect of a common order dated 05.04.2018 by the Tribunal disposing the Revenue’s captioned appeals qua assessee’s assessments for assessment years (AYs.) 2007-08, 2012-13 & 2013-14. 2. When the Revenue’s MAs were taken up for hearing, it was found that the same, filed on 30.09.2019, are beyond the time limit specified u/s.254(2), i.e., six months from the end of the month in which the order sought to be rectified is passed. The same are, accordingly, barred by time and, therefore, dismissed as not maintainable. We decide accordingly. MA Nos. 177 to 179/Coch/2021 (AYs : 2007-08, 12-13 & 13-14) ITO v. Kumbala SCB Ltd. 2 3. In the result, the Revenue’s MAs are dismissed. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (Anil Kumar Dugar) Judicial Member (Sanjay Arora) Accountant Member Cochin, Dated: April 19, 2024 n.p. Copy to: 1. The Applicant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order Assistant Registrar ITAT, Cochin