STATE BANK OF INDIA, V. ACIT RG 2(2),

MA 533/MUM/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 5380 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-02-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 1991-1992
• Appeal Filed On: 31-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI R.K. PANDA, ACCOUNTANT MEMBER M.A. NO. 533/MUM/2010 ARISING OUT OF ITA. NO. 1562/MUM/2006 ASSESSMENT YEAR 1991-1992 STATE BANK OF INDIA MUMBAI 400 021 VS. THE ACIT, RANGE 2 (2) MUMBAI (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI TEJAS MEHTA FOR RESPONDENT : SMT. MALATI SRIDHARAN ORDER PER D. MANMOHAN, V.P. 1. BY THIS MISCELLANEOUS APPLICATION ASSESSEE SEEK S RECALL OF THE ORDER DATED 25 TH MARCH, 2009 WITH REGARD TO GROUND NO. 1.A.III CONCERNING THE ASSESSMENT YEAR 1991-1992. IT MAY BE NOTICED THAT THE SAID GROUND WAS NOT TAKEN-UP FOR CONSIDERATION BECAUSE APPROVAL FROM COMMITTEE WAS NOT ACCORDED IN RESPECT OF THE A FOREMENTIONED GROUND. HOWEVER, VIDE ORDER DATED 20 TH MAY, 2010 THE COMMITTEE HAD ACCORDED APPROVAL PERMITTING THE ASSESSEE TO PURSUE APPEAL BEFORE THE ITAT WITH REGARD TO THE FOLLOWING ISSUE : REDUCTION IN RESPECT OF THE BROKEN PERIOD INTEREST IN THE RETURN OF INCOME. 2. UNDER THESE CIRCUMSTANCES, WE RECALL THE ORDER OF THE ITAT FOR THE ASSESSMENT YEAR 1991-92 FOR THE LIMITE D PURPOSE OF DISPOSING OF GROUND NO.1.A.III. THE REGISTRY IS DIR ECTED TO POST THE APPEAL FOR FRESH HEARING ON 28-4-2011. SINCE THE DA TE IS ANNOUNCED IN THE OPEN COURT, THERE IS NO NEED TO ISSUE FRESH NOT ICE TO THE PARTIES. MA 533/MUM/2010 STATE BANK OF INDIA 2 3. IN THE RESULT, M.A. OF THE ASSESSEE TREATED AS ALLOWED. PRONOUNCED ACCORDINGLY IN THE OPEN COURT. SD/- SD/- (R.K.PANDA) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 25 TH FEBRUARY, 2011 VBP/- COPY TO 1. STATE BANK OF INDIA, CENTRAL OFFICE, 14 TH FLOOR, ACCOUNTS & COMPLIANCE DEPARTMENT, MADAM CAMA ROAD, MUMBAI 021. 2. THE ACIT, RANGE 2 (2) MUMBAI 3. CIT(A)-II, MUMBAI 4. CIT, CITY-II, MUMBAI 5. DR C BENCH 6. GUARD FILE TRUE COPY BY ORDER ASST. REGISTRAR, ITAT MUMBAI BENCHES MUMBAI.