The United Western Bank Ltd, Satara V. Dy CIT, Satara

MA 4/PUN/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1501 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 11-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MODI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO. 04/PN/2013 (ARISING OUT OF ITA NO.1339/PN/2007) (ASSESSMENT YEAR : 2002-03) THE UNITED WESTERN BANK LTD., ( THROUGH ITS SUCCESSORS INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD. ), 172/4, RAVIWAR PETH, SATARA 415 001. PAN : AABCT0177D . APPELLANT VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE SATARA. . RESPONDENT APPELLANT BY : MR. C. H. NANIWADEKAR RESPONDENT BY : MR. A. K. MODI ORDER PER G. S. PANNU, AM THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN PREF ERRED BY THE ASSESSEE IN RESPECT OF THE ORDER DATED 26.02.2009 P ASSED BY THE TRIBUNAL IN THE CAPTIONED APPEAL PREFERRED BY THE ASSESSEE FOR ASSESSMENT YEAR 2002-03. 2. THE PETITIONER-ASSESSEE HAS REQUESTED THAT THE C APTIONED APPEAL OF THE ASSESSEE WHICH WAS DISMISSED FOR WANT OF PERMISSION FROM COMMITTEE ON DISPUTES VIDE ORDER DATED 26.02.2009 (SUPRA) BE RES TORED AND DECIDED ON MERITS. 3. IT IS SUBMITTED THAT THE TRIBUNAL WAS NOT JUSTIF IED IN DISMISSING THE APPEAL IN THE ABSENCE OF A CLEARANCE FROM THE COMMI TTEE ON DISPUTES BECAUSE THE ASSESSMENT YEAR INVOLVED WAS FOR A PERI OD PRIOR TO THE AMALGAMATION OF THE ASSESSEE WITH A PUBLIC SECTOR B ONK I.E. IDBI LTD. . IT IS POINTED OUT THAT PRIOR TO ITS AMALGAMATION WITH IDB I LTD. EFFECTIVE FROM 03.10.2006 ASSESSEE WAS A PRIVATE SECTOR BANK AND T HEREFORE IT DID NOT MA NO. 04/PN/2013 REQUIRE PERMISSION OF THE COMMITTEE ON DISPUTES IN ORDER TO PROSECUTE ITS APPEAL FILED WITH THE TRIBUNAL FOR THE CAPTIONED AS SESSMENT YEAR OF 2002-03. 4. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE PETITIONER-ASSESSEE FURTHER POINTED OUT THAT ON SIMILAR CONSIDERATION T HE APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 2006-07 WAS ALSO DISMISSED BY THE T RIBUNAL VIDE ITS ORDER DATED 30.08.2009 IN ITA NO. 572/PN/2009. ON AN APP EAL PREFERRED BY THE REVENUE AGAINST SUCH ORDER, THE HONBLE HIGH COURT HAS SET-ASIDE THE ORDER OF THE TRIBUNAL AND RESTORED THE MATTER BACK TO THE TR IBUNAL FOR HEARING THE MATTER ON MERITS IN ACCORDANCE WITH LAW. IT IS, TH EREFORE, CONTENDED THAT THE APPEAL OF THE ASSESSEE ALSO BE RESTORED AND DECIDED ON MERITS. 5. AFTER CONSIDERING THE SUBMISSIONS, PUT-FORTH BY THE ASSESSEE, WHICH ARE NOT CONTROVERTED BY THE REVENUE, WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUNAL DATED 26.02.2009 (SUPRA) DISMISSING THE APPEAL OF THE ASSESSEE FOR WANT OF CLEARANCE OF THE COMMITTEE ON DISPUTES AND THE APPEAL OF THE ASSESSEE IS RESTORED FOR ADJUDICATION ON MER ITS AS PER LAW. ACCORDINGLY, THE REGISTRY IS DIRECTED TO POST THE CAPTIONED APPE AL OF THE ASSESSEE IN DUE COURSE BEFORE THE REGULAR BENCH AFTER ISSUANCE OF N OTICE OF HEARING TO BOTH THE PARTIES AS PER RULES. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED, AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JANUARY, 2014. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 10 TH JANUARY, 2014. SUJEET MA NO. 04/PN/2013 COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-II, PUNE; 4) THE CIT-II, PUNE; 5) THE DR, B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE