ASST CIT (LTU), V. INDUSTRIAL DEVELOPMENT BANK OF INDIA,

MA 425/MUM/2012

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3886 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 06-12-2013
• Assessment Year: 2000-2001
• Appeal Filed On: 26-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Assessment record

Judgement Text

INDUSTRIAL DEVELOPMENT BANK OF INDIA MA NO. 425 / MUM /201 2 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI . , , BEFORE SHRI D. KARUNAKARA RAO , ACCOUNTANT MEMBER AND SHRI AM IT SHUKLA , JUDICIAL MEMBER M A NO. : 425 / MUM /20 1 2 ARISING OUT OF ITA NO. 826/MUM/2004 FOR AY 2000 - 01 DCIT, CIRCLE 3(1), ROOM NO. 607, 6 TH FLOOR, AAYAKAR BHAVAN, MUMBAI - 400 020 VS INDUSTRIAL DEVELOPMENT BANK OF INDIA , WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI - 400 005 .: PAN: AAAC I 1105 R (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PRADEEP KUMAR SINGH RESPONDENT BY : SHRI VINAY VASANTGADKAR /DATE OF HEARING : 0 6 - 11 - 201 5 / DATE OF PRONOUNCEMENT : 06 - 01 - 20 16 ORDER , . . : PER AMIT SHUKLA, J M : THE AFORESAID MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE IN RELATION TO THE ITA NO. 826/MUM/2004 WHICH IS AGAINST THE OR DER IN THE ASSESSEES APPEAL , DATED 10 TH DECEMBER, 2008 FOR THE ASSESSMENT YEAR 2000 - 01. IN THE SAID MISCELLANEOUS APPLICATION, THE REVENUE HAS R AI S ED TH E CONTENTION THAT THE TRIBUNAL HAS DISMISSED THE APPEAL FOR WANT OF COD APPROVAL AND, THEREFORE, IN VIE W OF THE SUPREME COURT DECISION IN THE CASE OF ELECTRONIC CORPORATION OF INDIA LTD., ( WHEREIN, THE HONBLE SUPREME COURT HAVE HELD THAT, COD CLEARANCE IS NOT REQUIRED FOR FILING OF APPEAL, ) THE ORDER PASSED BY THE TRIBUNAL SHOULD BE RECALLED. 2. HOWEVER O N PERUSAL OF THE RECORD, WE FOUND THAT THE DEPARTMENTS APPLICATION IS MISCONCEIVED. ON THE EARLIER OCCASION INDUSTRIAL DEVELOPMENT BANK OF INDIA MA NO. 425 / MUM /201 2 2 OF HEARING, IT WAS POINTED TO THE DR THAT THE ITA NO. 826/MUM/2004 PERTAINS TO THE APPEAL FILED BY THE ASSESSEE AND ASSESSEES APPEAL HAS BEEN DISM ISSED IN LIMINE FOR WANT OF COD APPROVAL. THEREFORE, WHAT IS THE OCCASION TO FILE SUCH AN APPLICATION BY THE DEPARTMENT FOR RECALLING OF THE ORDER WHEN REVENUE S HOULD NOT BE AGGRIEVED AT ALL. WHEN THIS WAS CONFRONTED TO THE DEPARTMENT, THE LD. DR HAS FILED A LETTER DATED 04.11.2015 WRITTEN BY PRINCIPAL COMMISSIONER OF INCOME TAX, LTU, MUMBAI WITHDRAWING THE SAID MISCELLANEOUS APPLICATION. THE CONTENT OF THE SAID LETTER WRITTEN BY PRINCIPAL CIT READS AS UNDER: - SIR, SUB: MISC. APPLICATION IN THE CASE OF ID BI LTD IN MA NO. 425/MUM/2012 ARISING OUT OF ITAT NO. 826/MUM/2004 DATED 19/12/2008 FOR AY 2000 - 01 REG. KINDLY REFER TO THE ABOVE. 2. INDUSTRIAL DEVELOPMENT BANK OF INDIA & IDBI BANK LTD WAS TWO DIFFERENT ENTITIES PRE AMALGAMATION. IDBI BANK LTD WA S SUBSIDIARY OF INDUSTRIAL DEVELOPMENT BANK OF INDIA. POST AMALGAMATION. INDUSTRIAL DEVELOPMENT BANK OF INDIA TOOK OVER IDBI BANK LTD. AND SUBSEQUENTLY THE NAME OF INDUSTRIAL DEVELOPMENT BANK OF INDIA WAS CHANGED TO IDBI BANK LTD. ON PERUSAL OF THE ORDER O F THE ITAT AND THE ASSESSMENT RECORD, IT HAS BEEN SEEN THAT THE APPEAL IN ITA NO 826/MUM/2004 DATED 19.12.2008 WAS NOT FILED BY THE DEPARTMENT BUT BY THE ASSESSEE, WHICH WAS DISMISSED BY THE ITAT FOR WANT OF COD APPROVAL. AS THE APPEAL OF THE ASSESSEE WAS DISMISSED, FILING OF MA WAS NOT CALLED FOR. 3. PERUSAL OF RECORD FURTHER REVEALED THAT DEPARTMENTAL APPEAL FOR THE YEAR UNDER CONSIDERATION WAS DISMISSED BY THE ITAT IN ITA NO. 1320/MUM/2007 DATED 24.03.2009 WHEREIN THE LIBERTY WAS PROVIDED TO FILE APPR OPRIATE PETITION BEFORE THE TRIBUNAL FOR RESTORATION OF THE APPEAL, IF APPROVAL FROM COD IS OBTAINED. THUS, APPROVAL FOR FILING MA WAS WRONGLY OBTAINED AGAINST ITA NO. 826/MUM/2004 INSTEAD OF ITA NO. 1320/MUM/2007. 4. IT IS PRAYED BEFORE HONBLE TRIBUNAL THAT MA NO. 425/MUM/2012 ARISING OUT OF ITA NO. 826/MUM/2004 DATED 19/12/2008 MAY BE PERMITTED TO BE WITHDRAWN. YOURS FAITHFULLY, SD/ - (XXX) PR. COMMISSIONER OF INCOME TAX (LTU), MUMBAI. 3. IN WAKE OF THE AFORESAID LETTER, THE M ISCELLANEOUS A PPLICATION F ILED BY THE REVENUE IS HENCE TREATED AS DISMISSED AS WITHDRAWN. 4. HOWEVER, WE FIND IT QUITE ABSTRUSE THAT S UCH A MISCELLANEOUS APPLICATION HAS BEEN PREPARED BY THE AO , WITHOUT ANY APPLICATION INDUSTRIAL DEVELOPMENT BANK OF INDIA MA NO. 425 / MUM /201 2 3 OF MIND AND SAME HAS ALSO STANDS APPROVED BY THE HIGHER AUTHOR ITIES INCLUDING CIT , WITHOUT EVEN BOTHERING TO VERIFY THE DOCUMENTS ANNEXED A LONG WITH THE MISCELLANEOUS APPLICATION , ESPECIALLY THE TRIBUNAL ORDER WHICH SPECIFICALLY MENTIONS THE ITA NUMBER AND THE APPEAL FILED BY THE APPELLANT I.E. IDBI BANK LTD . S UCH A MECHANICAL CONDUCT SHOWS CALLOUS ATTITUDE AND NON - APPLICATION OF MIND IN FILING OF APPEALS AND PETITIONS BY THE DEPARTMENT WHICH ARE PREPARED AND APPROVED BY HIERARCHY OF AUTHORITIES . THIS SHOULD BE AVOIDED AS IT TAKES LOT OF TOLL ON THE PRECIOUS TIME OF T HE GOVERNMENT MACHINERY AND CAUSE UNNECESSARY LOSS TO THE PUBLIC EXCHEQUER AND HOWEVER TO THE LITIGANTS. 5. IN ANY CASE WITH ABOVE OBSERVATIONS, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JAN, 201 6 . SD/ - SD/ - ( . ) ( ) ( D KARUNAKARA RAO ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 6 TH JANUARY, 201 6 / COPY TO: - 1 ) / THE APPELLANT. 2 ) / THE RESPONDENT. 3) THE CIT (A) - 7 , MUMBAI . 4 ) THE CIT 3 , MUMBAI . 5 ) , , / THE D.R. I BENCH, MUMBAI. 6 ) \ COPY TO GUARD FILE. / BY ORDER / / TRUE COPY / / / , DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI * . .