M/s The Karnataka State Co-Operative Agricultural & Rural Development Bank Ltd., Bangalore V. Income Tax Officer, Ward-5(2)4), Bangalore

MA 6/BANG/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6135 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 09-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: B S BALACHANDRAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER M.P. NO. 6/BANG/2018 (IN ITA NO. 5 3 4 / BANG/201 6 ) ASSESSMENT YEAR : 20 1 2 - 1 3 M/S. THE KARNATAKA STATE CO- OPERATIVE AGRICULTURAL& RURAL DEVELOPMENT BANK LTD., P.B. NO. 1811, FORT TIPU SULTAN PALACE ROAD, CHAMARAJAPET, BANGALORE 560 018. PAN: AAAAT7773N VS. THE INCOME-TAX OFFICER, WARD 5 (2) (4), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI B.S. BALACHANDRAN, ADVOCATE REVENUE BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT (DR) DATE OF HEARING : 1 8 . 01 .201 9 DATE OF PRONOUNCEMENT : 25 . 01 .201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THIS M.P. IS FILED BY THE ASSESSEE POINTING OUT CER TAIN APPARENT MISTAKES IN THE IMPUGNED TRIBUNAL ORDER DATED 20.12.2017. 2. IN PARA 2 OF THE M.P., IT IS SUBMITTED BY THE AS SESSEE THAT ASSESSEE HAS PLACED RELIANCE ON THE JUDGEMENT OF HONBLE JURISDI CTIONAL HIGH COURT RENDERED IN THE CASE OF CIT &ANR. VS. M/S. BANGALOR E COMMERCIAL TRANSPORT CREDIT CO-OPERATIVE SOCIETY LTD. IN ITA N O. 599/2013 DATED 27.06.2014 AND ALSO ON ANOTHER JUDGEMENT OF HON'BLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF CIT VS. M/S. SAPTHARISHI CR EDIT CO-OPERATIVE SOCIETY LTD. IN ITA NO. 290 OF 2014 DATED 20.03.201 5. BUT THE SAME WERE NOT CONSIDERED BY THE TRIBUNAL IN THE IMPUGNED TRIB UNAL ORDER AND THEREFORE, THIS IS AN APPARENT MISTAKE IN THE TRIBU NAL ORDER WHICH SHOULD BE RECTIFIED. IN COURSE OF HEARING BEFORE US, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT COPY OF BOTH THESE JUDGEMENTS OF HON' BLE KARNATAKA HIGH COURT ARE SUBMITTED IN COURSE OF HEARING OF THE APP EAL BUT AS PER THE M.P. NO. 6/BANG/2018 (IN ITA NO. 534/BANG/2016) PAGE 2 OF 3 IMPUGNED TRIBUNAL ORDER, THE TRIBUNAL HAS DECIDED T HE ISSUE BY FOLLOWING THE JUDGEMENT OF HONBLE KERALA HIGH COURT RENDERED IN THE CASE OF KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. VS. CIT AS REPORTED IN 383 ITR 610 (KER.) AND THERE IS NO REFE RENCE TO THESE JUDGEMENTS OF HON'BLE KARNATAKA HIGH COURT CITED BE FORE THE TRIBUNAL IN THE IMPUGNED TRIBUNAL ORDER. HE SUBMITTED THAT NON-CON SIDERATION OF THESE JUDGMENTS OF HONBLE JURISDICTIONAL HIGH COURT IS A N APPARENT MISTAKE AND IT SHOULD BE RECTIFIED. THE LD. DR OF REVENUE SUBMITT ED THAT THERE IS NO MISTAKE IN THE IMPUGNED TRIBUNAL ORDER. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT THIS IS TRUE THAT THESE TWO JUDGEMENTS OF HON'BLE KARNATAKA HIGH COUR T WERE CITED BEFORE THE TRIBUNAL IN COURSE OF HEARING OF THESE APPEALS BECAUSE COPY OF BOTH THESE JUDGMENTS OF HONBLE KARNATAKA HIGH COURT IS AVAILABLE IN THE APPEAL FILE. THIS IS ALSO TRUE THAT IN THE IMPUGNED TRIBU NAL ORDER, THERE IS NO REFERENCE TO THESE TWO JUDGEMENTS OF HON'BLE KARNAT AKA HIGH COURT AND THE APPLICABILITY OF THESE TWO JUDGEMENTS WERE NOT EXAM INED AND DECIDED BY THE TRIBUNAL IN THE IMPUGNED TRIBUNAL ORDER. HENCE, WE ARE OF THE CONSIDERED OPINION THAT NON-CONSIDERATION OF THESE TWO JUDGMEN TS OF HONBLE JURISDICTIONAL HIGH COURT ALTHOUGH CITED BEFORE THE TRIBUNAL IN COURSE OF HEARING OF THE APPEAL IS AN APPARENT MISTAKE RECTIF IABLE U/S. 254(2) OF IT ACT. HENCE WE RECALL THIS TRIBUNAL ORDER TO RECTIFY THIS MISTAKE AFTER GRANTING FRESH HEARING TO BOTH SIDES AND AFTER CONSIDERING ALL THE JUDGEMENTS WHICH MAY BE CITED BY BOTH SIDES. ACCORDINGLY WE RECALL THIS TR IBUNAL ORDER AND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING IN DUE COUR SE. 4. IN THE RESULT, THE M.P. FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 25 TH JANUARY, 2019. /MS/ M.P. NO. 6/BANG/2018 (IN ITA NO. 534/BANG/2016) PAGE 3 OF 3 COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.