Income Tax Officer, Haveri V. Sri.Durgadevi Mahila Urban Co-op Society Ltd., Haveri

MA 249/BANG/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5966 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-12-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 13-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSAN THOMAS BENGALURU
• Assessee Lawyers: SACHIN PATIL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV , JUDICIAL MEMBER MP NOS.248 & 249/BANG/2017 [IN ITA NO S . 138 & 139/BANG/2017] ASSESSMENT YEAR S : 2013 - 14 & 2014 - 15 THE INCOME TAX OFFICER, WARD 2, HAVERI. VS. SHRI DURGADEVI MAHILA URBAN CO- OPERATIVE SOCIETY LTD., VIDYANAGAR, HIREKERUR, DIST. HAVERI. PAN : AAEAS 9871J APPLIC ANT RESPONDENT APPLICA NT BY : SMT. SUSAN THOMAS, ADDL. CIT(DR)(ITAT), BENGALURU RESPONDENT BY : SHRI SACH IN PATIL, CA DATE OF HEARING : 24.11.2017 DATE OF PRONOUNCEMENT : 15 .12.2017 O R D E R THESE MISCELLANEOUS PETITIONS ARE PREFERRED BY T HE REVENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 26.05.2017 ON THE G ROUND THAT THE TRIBUNAL HAS DISPOSED OF THE APPEAL, FOLLOWING THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF TUMKUR MERCHANTS SOUHARDA CREDIT COOPERATIVE LTD. V. ITO WITHOUT TAKING INTO THE ACCOUNT THE JUDGMENT OF THE HONBLE APEX COURT IN THE CASE OF THE CITIZEN CO-OPERATIVE SOCIETY LTD., HYDERABAD V. ACIT IN CIVIL APPEAL NO.10245 OF 2017 DATED 08.08.2 017, IN WHICH THE MATTER WAS RESTORED BACK TO THE ASSESSING OFFICER T O VERIFY WHETHER CREDIT MP NOS.248 & 249/BANG/2017 PAGE 2 OF 3 FACILITIES WERE GIVEN BY THE ASSESSEE COOPERATIVE B ANK TO OUTSIDERS ALSO. THEREFORE, THE ORDER OF THE TRIBUNAL MAY BE RECALLE D AND THE ISSUE MAY BE RE-EXAMINED IN THE LIGHT OF THE JUDGMENT OF THE HON BLE APEX COURT. THE LD. COUNSEL FOR THE ASSESSEE OBJECTED TO THIS REQUEST O F THE REVENUE. 2. HAVING CAREFULLY EXAMINED THE ORDER OF THE TRIBU NAL VIS--VIS THE MISCELLANEOUS PETITION, I FIND FORCE IN THE CONTENT ION OF THE REVENUE. SINCE THE HONBLE SUPREME COURT HAS CLARIFIED THE LEGAL P OSITION IN THIS REGARD THE IMPUGNED ISSUE SHOULD HAVE BEEN ADJUDICATED IN THE LIGHT OF THE JUDGMENT OF THE HONBLE SUPREME COURT. ACCORDINGLY, I RECAL L THE ORDER OF THE TRIBUNAL DATED 26.05.2017 AND DIRECT THE REGISTRY T O FIX THE APPEALS FOR HEARING ON 09 TH JANUARY, 2018 (09.01.2018). PARTIES BE INFORMED ACCORDINGLY. 3. IN THE RESULT, THE MISCELLANEOUS PETITIONS ARE A LLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF DECEMBER, 2017. SD/- ( SUNIL KUMAR YADAV ) JUDICIAL MEMBER BANGALORE, DATED, THE 15 TH DECEMBER, 2017. / D ESAI S MURTHY / MP NOS.248 & 249/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2 . RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.