The Anand People's Co.Op. Bank Ltd., Anand V. The Income Tax Officer, Ward-1, Anand

MA 61/AHD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1949 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 06-06-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 17-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P JHANGID
• Assessee Lawyers: S N DIVETIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) M. A. NO. 61/AHD/2014 (IN ITA NO. 273 0/AHD/2012) (ASSESSMENT YEA R: 2009-10) THE ANAND PEOPLES CO.OP. BANK LTD. PEOPLES PALACE, SARDARGANJ ROAD, ANAND- 388001 V/S THE ITO, WARD-1, ANAND (APPELLANT) (RESPONDENT) PAN: AAAAT 2812 APPELLANT BY : SHRI S.N. DIVETIA RESPONDENT BY : SHRI J.P. JHANGID, SR. D.R. ( )/ ORDER DATE OF HEARING : 06-06-201 4 DATE OF PRONOUNCEMENT : 27-06-2014 PER SHRI ANIL CHATURVEDI,A.M. 1. THE PRESENT MISCELLANEOUS APPLICATION IS FILED BY T HE ASSESSEE IN RESPECT OF ITA NO. 2730/AHD/2012 FOR A.Y. 2009-10 (ORDER DATED 17. 05.2013). THE ASSESSEE VIDE MISCELLANEOUS APPLICATION HAS SUBMITTED THAT A S PER THE IMPUGNED ORDER, GROUND NO. 3 WHICH WAS WITH RESPECT TO INTEREST WAS LEFT OUT TO BE ADJUDICATED BY THE HONBLE ITAT WHILE PARTLY ALLOWING THE APPEAL O F ASSESSEE. HE THEREFORE SUBMITTED THAT THE ORDER BE RECALLED TO ADJUDICATE THE GROUND. ON THE OTHER HAND THE LD. D.R. DID NOT OBJECT TO THE REQUEST OF THE L D. A.R. M.A NO 61/AHD/2014(IN ITA NO. 2730/A/12) . A.Y. 2009- 10 2 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. FROM THE ORDER IN ITA NO. 2730/AHD/2012 ORDER DATED 17.0 5.2013, WE FIND THAT ASSESSEE HAD RAISED THE GROUND NO. 3 WHICH READS AS UNDER:- 3. THE ASSESSING OFFICER HAS ALSO ERRED IN LAW IN CONS IDERING THE WHOLE INTEREST INCOME AS TAXABLE INCOME WITHOUT ALLOWING EXPENSES INCURRE D BY THE BANK. 3. WE FIND THAT THOUGH THE AFORESAID GROUND WAS RAISED BY ASSESSEE BUT INADVERTENTLY OVER LOOKED AND NOT DISPOSED IN THE A PPEAL WHICH IS THEREFORE A MISTAKE APPARENT FROM RECORD. WE THEREFORE RECALL T HE ORDER IN ITA NO. 2730/AHD/2012 DATED 17/105/2013 ONLY FOR A LIMITED PURPOSE OF DECIDING THE AFORESAID GROUND. THE REGISTRY IS DIRECTED TO FIX H EARING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 27 - 06 - 2014. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, AHMEDABAD