Assistant Commissioner Of Income Tax, Circle- 1, Davanagere V. M/s. Davangere District Central Co-Operative Bank Limited, Davanagere

MA 54/BANG/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8584 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 01-03-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: V SRINIVASAN
• Section: 13

Judgement Text

MPNO.54/BANG/2021 M/S. DAVANGERE DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DAVANGERE IN THE INCOME TAX APPELLATE TRIBUNAL ABENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. NO.54/BANG/2021 (ARISING OUT OF ITA NO.1403/BANG/2019) ASSESSMENT YEAR: 2011-12 ACIT CIRCLE-1 DAVANGERE VS. M/S. DAVANGERE DISTRICT CENTRAL CO- OPERATIVE BANK LTD. #311, A BLOCK, DEVARJA URS LAYOUT P.B. ROAD DAVANGERE 577 006 PAN NO : AAATD6617N APPELLANT RESPONDENT APPELLANT BY : SHRI KANNAN NARAYANAN, D.R. RESPONDENT BY : SHRI V. SRINIVASAN, A.R. DATE OF HEARING : 13.08.2021 DATE OF PRONOUNCEMENT : 13.08.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS MISCELLANEOUS PETITION S UBMITTING THAT THERE IS A MISTAKE APPARENT FROM RECORD IN THE ORDER DATED 29.5.2020 PASSED IN ITA NO.1403/BANG/2019 RELATING TO ASSESSMENT YEAR 2011-12. 2. THE LD. A.R. SUBMITTED THAT THE REVENUE HAD RAIS ED GROUND NO.5 RELATING TO PROVISION FOR MIS-APPROPRIATION AMOUNTING TO RS.7,50,99,000/-. THE LD. D.R. SUBMITTED THAT THE TRIBUNAL HAS MP NO.54/BANG/2021 M/S. DAVANGERE DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DAVANGERE PAGE 2 OF 3 NOT ADJUDICATED THIS GROUND IN ITS ORDER REFERRED A BOVE. ACCORDINGLY, HE SUBMITTED THAT SAME CONSTITUTE MIST AKE APPARENT FROM RECORD AND ACCORDINGLY, PRAYED FOR RECALL OF T HE ORDER. 3. THE LD. A.R. ALSO ACCEPTED THE FACT THAT THE TRI BUNAL HAS NOT ADJUDICATED GROUND NO.5 URGED BY THE REVENUE IN ITA NO.1403/BANG/2019 RELATING TO ASSESSMENT YEAR 2011- 12. 4. HAVING REGARD TO THE SUBMISSIONS MADE BY THE PAR TIES, WE FIND THERE IS MISTAKE APPARENT FROM RECORD IN NOT A DJUDICATING GROUND NO.5 RAISED BY THE REVENUE IN THE APPEAL FIL ED FOR AY 2011- 12. ACCORDINGLY, WE RECALL THE ORDER DATED 29.5.20 20 PASSED IN ITA NO.1403/BANG/2019 RELATING TO ASSESSMENT YEAR 2011- 012 FOR THE LIMITED PURPOSE OF ADJUDICATING GROUND NO.5 RELATIN G TO PROVISION FOR MIS-APPROPRIATION URGED BY THE REVENUE. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH AUG, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 13 TH AUG, 2021. VG/SPS MP NO.54/BANG/2021 M/S. DAVANGERE DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DAVANGERE PAGE 3 OF 3 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.