ACIT, Patiala V. State Bank of Patiala, Patiala

MA 27/CHANDI/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7376 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 31-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N K SAINI
• Assessee Lawyers: PRAMOD VATS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: A BENCH: CH ANDIGARH BEFORE SHRI D K SRIVASTAVA, AM AND MS. SUSHMA CHOWLA, JM MISC APPLICATIONS NO. 42,26 AND 27/CHANDIGIARH/2011 ARISING OUT OF ITAS NO. 345, 571 AND 572/CHANDI/200 9 ASSESSMENT YEARS: 2004-05, 2005-06 AND 2006-07 A.C.I.T. CIRCLE, PATIALA V STATE BANK OF PATIAL A PATIALA PAN: AACCS 0143 D APPELLANT BY: SHRI N.K. SAINI RESPONDENT BY: SHRI PRAMOD VATS DATE OF HEARING: 4.11.2011 DATE OF PRONOUNCEMENT: 2.12.2011 ORDER D K SRIVASTAVA : THE DEPARTMENT HAS FILED THE AFORESAID MISC APPLI CATIONS SEEKING RESTORATION OF ITS APPEALS BEARING ITAS NO. 345, 571 AND 572/CHANDI/2009 FOR AYS 2004-05, 2005-06 AND 200607 WHICH WERE EAR LIER DISMISSED BY THIS TRIBUNAL ON 7.7.2009 FOR WANT OF APPROVAL FROM C.O. D. 2. IT IS NOW THE CASE OF THE DEPARTMENT THAT IT HAS OBTAINED NECESSARY C.O.D. APPROVAL TO PURSUE THE AFORESAID APPEALS. THEREFORE , THE ORDERS PASSED BY THIS TRIBUNAL ON 7.7.2009 DISMISSING ITS APPEALS FOR WAN T OF C.O.D. APPROVAL SHOULD BE RECALLED. IN THIS CONNECTION OUR ATTENTION WAS INV ITED TO PARA 2 OF THE AFORESAID ORDER OF THIS TRIBUNAL BY WHICH LIBERTY WAS GRANTED TO THE DEPARTMENT TO SEEK RESTORATION OF APPEALS AS AND WHEN NECESSARY APPROV AL FROM C.O.D. TO PURSUE THESE APPEALS, IS OBTAINED. 3. THE ATTENTION OF THE RESPONDENT WAS INVITED TO T HE AFORESAID FACTS AND ALSO TO THE ORDER DATED 17.2.2011 PASSED BY THE HON'BLE SUPREME COURT IN ELECTRONICS ORPORATION OF INDIA V. UNION OF INDIA, CIVIL APPEAL NO. 1883 OF 2011, BY WHICH THE REQUIREMENT OF OBTAINING PRIOR APPROVAL OF C.O.D FO R PURSUING THE APPEAL WAS DISPENSED WITH. THE LD. COUNSEL FOR THE ASSESSEE C OULD NOT REBUT THE AFORESAID FACTS AND POSITION OF LAW. 4. AFTER HARING BOTH THE PARTIES, THE ORDER PASSED BY THIS TRIBUNAL ON 7.7.2009 DISMISSING THE AFORESAID APPEALS OF THE DEPARTMENT IS RECALLED AND RESULTANTLY BOTH THE APPEALS OF THE DEPARTMENT ARE RESTORED FOR FRESH HEARING AND DISPOSAL. 5. MISC APPLICATIONS FILED BY THE DEPARTMENT ARE AL LOWED. ORDER PRONOUNCED ON 2.12.2011 SD/- SD/- (SUSHMA CHOWLA) (D K SRIVASTAVA) JUDICIAL MEMBER ACCOUNTANTMEMBER ACIT VS STATE BANK OF PATIALA M.AS 42, 26 AND 27/CHANDI/2011 ARISING OUT OF ITAS NO. 345, 571 AND 572 /CHANDI/2 009 2 CHANDIGARH: 2.12.2011 SURESH COPY TO: 1. THE APPELLANT, A.C.I.T. PATIALA 2. THE RESPONDENT, STATE BANK OF INDIA, PATIALA 3. THE CIT(A), PATIALA 4. THE LD. CIT, PATIALA 5. THE D.R, INCOME-TAX DEPARTMENT, CHANDIGARH ASSISTANT REGISTRAR, ITAT, CHANDIGARH