Tamilnadu Cooperative State Agricultural & Rural Development Bank , CHENNAI V. ACIT Non Corporate Circle 2 , CHENNAI

MA 382/CHNY/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6188 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 18-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M VISWANATHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , !'# !. %& # , ' ( SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER )')' # / M.P. NO.382/CHNY/2017 (IN I.T.A. NO.1552/MDS/2017) '* / ASSESSMENT YEAR : 2010-11 M/S TAMILNADU CO-OPERATIVE STATE AGRICULTURAL & RURAL DEVELOPMENT BANK, 181-183, LUZ CHURCH ROAD, MYLAPORE, CHENNAI - 600 004. PAN : AABAT 7344 J V. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE 2, CHENNAI - 600 034. (, /PETITIONER) (,-./ RESPONDENT) , 0 1 /PETITIONER BY : SHRI M. VISWANATHAN, CA ,-. 0 1 / RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT 2 ' 0 3' / DATE OF HEARING : 02.03.2018 4%* 0 3' / DATE OF PRONOUNCEMENT : 02.03.2018 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER: THIS IS A MISCELLANEOUS PETITION FILED BY THE ASS ESSEE AGAINST THE ORDER OF THIS TRIBUNAL IN I.T.A. NO.1552/MDS/20 17 DATED 16.11.2017, FOR ASSESSMENT YEAR 2010-11. 2. IT WAS SUBMITTED BY THE LD. A.R. THAT THE ISSUE RAISED IN THE APPEAL WAS SQUARELY COVERED BY THE DECISION OF THE CO-ORDINATE 2 M .P. NO.382/CHNY/17 BENCH OF THIS TRIBUNAL IN THE ASSESSEE'S OWN CASE F OR ASSESSMENT YEAR 2009-10 IN I.T.A. NO.1318/MDS/2013 DATED 01.05 .2017. IT WAS A SUBMISSION THAT HOWEVER, THE TRIBUNAL HAD ERRONEO USLY FOLLOWED THE DECISION OF HON'BLE KERALA HIGH COURT IN THE CA SE OF KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. REPORTED IN (2016) 67 TAXMANN.COM 111 (KERALA). IT WAS A SUBMISSION THAT THE DECISION IN THE ASSESSEE'S OWN CASE, THOUGH CITED, HAS NOT BEEN DISTINGUISHED. IT WAS A SUBMIS SION THAT THE ORDER OF THIS TRIBUNAL MAY BE RECALLED. 3. IN REPLY, THE LD. DEPARTMENTAL REPRESENTATIVE VE HEMENTLY SUPPORTED THE ORDER OF THIS TRIBUNAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. ADMIT TEDLY, THOUGH THE DECISION OF CO-ORDINATE BENCH OF THIS TR IBUNAL IN THE ASSESSEE'S OWN CASE HAS BEEN REFERRED TO, THE SAME HAS NOT BEEN DISTINGUISHED BEFORE APPLYING THE DECISION OF HON'B LE KERALA HIGH COURT IN KERALA STATE CO-OPERATIVE AGRICULTURAL & R URAL DEVELOPMENT BANK LTD. (SUPRA). THIS BEING SO, ADMI TTEDLY, THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL WHICH REQUIR ES TO BE RECTIFIED. THEREFORE, THE ORDER OF THIS TRIBUNAL IN I.T.A. NO. 1552/MDS/2017 DATED 16.11.2017 STANDS RECALLED AND POSTED FOR HEA RING AFRESH ON 3 M .P. NO.382/CHNY/17 14.05.2018. NO NOTICE IS TO BE ISSUED TO THE PARTI ES AS THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH, 2018 AT CHENNAI. SD/ SD/- (!. %& # ) ( ) (A. MOHAN ALANKAMONY) (GEORGE MATHA N) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6# /DATED, THE 2 ND MARCH, 2018. KRI. 7 0 ,38) 9)*3 /COPY TO: 1. , / PETITIONER 2. ,-. /RESPONDENT 3. 2 :3 () /CIT(A) 4. 2 :3 /CIT 5. )';< ,3 /DR 6. <= > /GF.