The Income Tax Officer, Ward-1(3)(5), Ahmedabad V. State Bank of India Supervising Official's Co. Operative Credit Society Ltd., Ahmedabad

MA 4/AHD/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6144 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 01-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M K PATEL
• Keywords: Condonation of delay

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MA NOS. 03 TO 06/AHD/2018 (ARISING OUT OF ITA NOS. 905 TO 908/AHD/2015) ASSESSMENT YEAR : 2007-08, 2008-09, 2009-10 & 2011- 12 THE INCOME-TAX OFFICER, WARD 1(3)(5), AHMEDABAD V/S . STATE BANK OF INDIA SUPERVISING CO- OP CREDIT & SUPPLY SOCIETY LIMITED, 4 TH FLOOR, SBI BUILDING, LAL DARWAJA, BHADRA, AHMEDABAD-38001 PAN : AACAS 3596 E / ( APPELLANT) .. / (RESPONDENT) REVENUE BY : SHRI MUDIT NAGPAL, SR DR ASSESSEE BY : SHRI MK PATEL, AR / DATE OF HEARING : 16.02.2018 / DATE OF PRONOUNCEMENT : 22.02.2018 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THE PRESENT MISCELLANEOUS APPLICATIONS ARE DIRECTED AT THE INSTANCE OF REVENUE POINTING OUT APPARENT ERROR IN THE ORDER OF THE TRIBUNAL DATED 10.06.2016 PASSED FOR ASSESSMENT YEARS 2007-08, 200 8-09, 2009-10 & 2011-12. 2. IT IS PLEADED IN THE APPLICATIONS THAT THE TRIBU NAL HAS DECIDED ITA NOS. 905 TO 908/AHD/2015 VIDE ORDER DATED 10.06.201 6. THESE MISCELLANEOUS APPLICATIONS HAVE BEEN FILED BEFORE THE ITAT ON 01. 01.2018. THE REGISTRY HAS POINTED OUT THAT THESE MISCELLANEOUS APPLICATIO NS ARE TIME BARRED BY 212 DAYS. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES, AND, WITH THEIR ASSISTANCE, GONE THROUGH THE RECORD CAREFULLY. THOUGH THERE IS AN APPARENT ERROR IN THE MA NOS. 3 TO 6/AHD/2018 ITO VS. SBI SUPERVISING OFFICIALS COOP CR SOC LTD AYS : 2007-08, 2008-09, 2009-10 & 2011-12 2 ORDER OF THE TRIBUNAL, BECAUSE IT FAILED TO CONSIDE R THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF ST ATE BANK OF INDIA VS. CIT (2016) 389 ITR 578 (GUJ.) VIDE WHICH THE HONBLE HI GH COURT HAS HELD THAT INTEREST INCOME EARNED BY THE CO-OPERATIVE SOCIETY ON DEPLOYMENT OF SURPLUS FUNDS WITH NATIONALIZED BANK WOULD NOT QUAL IFY FOR GRANT OF DEDUCTION UNDER SECTION 80P(2) OF THE INCOME-TAX AC T; IT APPEARS THAT THIS DECISION WAS NOT BROUGHT TO THE NOTICE OF THE TRIBU NAL WHEN APPEALS WERE DECIDED; THEREFORE, THE TRIBUNAL DID NOT DISALLOW T HE CLAIM OF DEDUCTION UNDER SECTION 80P(2) WITH RESPECT TO INTEREST INCOM E EARNED ON DEPOSITS WITH NATIONALIZED BANK. HOWEVER, BEFORE ENTERTAINI NG THIS ISSUE, THE TRIBUNAL OUGHT TO HAVE JURISDICTION TO ENTERTAIN TH E MISCELLANEOUS APPLICATIONS. SUB-SECTION (2) OF SECTION 254 OF TH E ACT EARLIER PROVIDES A TIME LIMIT FOR FILING SUCH RECTIFICATION APPLICATIO N WITHIN FOUR YEARS. THIS TIME LIMIT HAS BEEN REDUCED TO SIX MONTHS BY FINANC E ACT, 2016. THE TIME LIMIT IS SIX MONTHS WITH EFFECT FROM 01.06.2016. TH ESE MISCELLANEOUS APPLICATIONS HAVE BEEN FILED IN JANUARY 2018, MEANI NG THEREBY THAT THEY ARE TIME BARRED BY 212 DAYS. THERE IS NO PROVISION FOR CONDONATION OF DELAY FOR FILING OF SUCH APPLICATIONS; HENCE, THEY ARE NOT MA INTAINABLE AS SUCH. WE, THEREFORE, DO NOT FIND ANY MERIT IN THESE APPLICATI ONS AND THE SAME ARE DISMISSED BEING TIME BARRED. 4. IN THE RESULT, ALL MISCELLANEOUS APPLICATIONS FI LED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 22 ND FEBRUARY, 2018 AT AHMEDABAD. SD/- SD/- (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 22/02/2018 *BIJU T., SR. PS MA NOS. 3 TO 6/AHD/2018 ITO VS. SBI SUPERVISING OFFICIALS COOP CR SOC LTD AYS : 2007-08, 2008-09, 2009-10 & 2011-12 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT. REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION- TWO PAGE DICTATION PAD ATTACHED 21.02.2018. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER21.02.2018 OTHER MEMBER 22.02.2018. 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S. - 22.02.2018 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 22.02.2018 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK22.0 2.2018 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER 8. DATE OF DESPATCH OF THE ORDER