The ITO, Calicut V. M/s.Atholi Service Co-op Bank, Calicut

MA 236/COCH/2021

AI Insights

The case involves a Miscellaneous Application filed by the Income Tax Officer, Ward 2(3), Calicut against Atholi Service Co-operative Bank concerning an earlier Tribunal order. The original appeal by the assessee was disposed of on 21.11.2014, and the MA was filed on 30.09.2019, which was beyond the permissible time limit of four years for filing such applications. The Tribunal, upon reviewing the MA, found it to be time-barred and thus dismissed it as not maintainable.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115433 (ITAT-COCHIN)
• Duration Of Justice: 3 year(s) 11 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-09-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 29-09-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM &Shri Manomohan Das, JM MA No.236/Coch/2021: Asst.Year:2010-2011 (Arising out of ITA No.405/Coch/2014) The Income Tax Officer Ward 2(3) Calicut vs. Atholi Service Co-operative Bank PO Atholi Kozhikode – 673 315. [PAN : AACAAA2851J] (Applicant) (Respondent) Applicant by: Smt.J.M.Jamuna Devi, Sr.DR Respondent by: None Date of Hearing: 08.09.2023 Date of Pronouncement: 08.09.2023 O R D E R Per Sanjay Arora, AM: This is a Miscellaneous Application (MA) by the Revenue under section 254(2) of the Income-tax Act, 1961 (‘the Act’) in respect of the order u/s. 254(1) dated 21.11.2014 by the Tribunal disposing the assessee’s captioned appeal quait’s assessment u/s.144 of the Act dated 28.3.2013 for assessment year (AY) 2010-2011. 2. When the Revenue’s MA was taken up for hearing, it was found that it, filed on 30.09.2019, is beyond the time limit of four years from the date of the order sought to be rectified, specified u/s.254(2) itself. The same is, accordingly, barred by time and, therefore, dismissed as not maintainable. We decide accordingly. 3. In the result, the Revenue’s MA is dismissed. Order pronounced in the open court on the conclusion of the hearing. Sd/- (Manomohan Das) Sd/- (Sanjay Arora) Judicial Member Accountant Member Cochin; Dated: September08, 2023 Devadas G* MA No.236/Coch/2021 (AY 2010-2011) I T O v . A t h ol i S C B L i m i t e d. 2 Copy to: 1. The Applicant. 2. The Respondent. 3. The Pr.CIT concerned 4. The Sr. DR, ITAT. 5. Guard File. Assistant Registrar ITAT, Cochin.