The ITO, Ward-2, Tirur, Tirur V. M/s.Vazhikadavu Service Co-op bank Ltd, Nilambur, Malappuram

MA 4/COCH/2021

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 2180 (ITAT-COCHIN)
• Duration Of Justice: 4 year(s) 7 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 29-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Shri Soundararajan K, JM MA No.04/Coch/2021 : Asst.Year 2008-2009 (Arising out of ITA No.412/Coch/2017 ITA No.05/Coch/2021 : Asst.Year 2013-2014 (Arising out of ITA No.413/Coch/2017) The Income Tax Officer Ward 2 Tirur. vs. The Vazhikadavu Service Co- operative Bank Limited Nilambur, Malappuram 679 333. [PAN:AACAT1044N] (Applicant) (Respondent) Applicant by: Ms. Binisha Baby Respondent by: Smt.J.M.Jamuna Devi, Sr. DR Date of Hearing: 10.05.2024 Date of Pronouncement: 28.05.2024 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 dated 10.01.2018 by the Tribunal disposing the Revenue’s captioned appeals qua the assessee’s assessment for assessment year (AY) 2008-09 & 2013-14. 2. When the Revenue’s MAs was taken up for hearing, it was found that the same, filed on 30.09.2019, is beyond the time limit specified u/s.254(2), i.e., six months from the end of the month in which the order sought to be rectified is passed. The same are, accordingly, barred by time and, therefore, dismissed as not maintainable. We decide accordingly. MA Nos.04 & 05/Coch/2021 ITO v. The Vazhikadavu SCB Ltd. 2 | P a g e 3. In the result, the Revenue’s instant MAs are dismissed. Order pronounced on May 28, 2024 under Rule 34 of The Income Tax (Appellate Tribunal) Rules, 1963 Sd/- Sd/- (Soundarajan K) Judicial Member (Sanjay Arora) Accountant Member Cochin, Dated: May 28, 2024 Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order Assistant Registrar ITAT, Cochin