M/s.Kerala State Co-op Agricultural & Rural Dev. Bank Ltd, Trivandrum V. ACIT, Trivandrum

MA 87/COCH/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0800 (ITAT-COCHIN)
• Duration Of Justice: 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-08-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 02-08-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Assessee Lawyers: NIVEDITA A KAMATH

Judgement Text

MP NOS.86 & 87 / COCH/ 2013 1 IN THE INCOME TAX APELALTER TIBUNAL COCHIN BENCH , COCHIN BEFORE S/SH RI N.R.S. GANESAN, JM & B. R. BASKARAN, AM MISCELLANEOUS PETITION NO S. 86 & 87/ COCH/2013 ARISING OUT OF STAY PETITION NOS 56 & 57/COCH/2013 & ITA NOS 175 & 176/COCH/2013 (ASST YEAR 200 8 - 09 & 09 - 10 ) THE KERALA STATE COOPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK TRIVANDUM VS THE ASST COMMR OF INCOME TAX CIRCLE 1(2), TRIVANDRUM ( APP LICANT ) (R ESPONDENT) PAN NO. AAAAK4391F ASSESSEE BY MS NIVEDITA A KAMATH REVENUE BY SHRI K K JOHN SR DR DATE OF HEARING 16 TH AUG 2013 DATE OF PRONOUNCEMENT 16 TH AUG 2013 OREER PER N.R.S GANESAN,JM : THE ASSESSEE HAS FILED THE SE PRESENT MISCELLANEOUS PETITIONS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN STAY PETITION NOS. 56 & 57/. COCH/2013 DATED 11 TH H JULY 2013. 2 WHEN THE MISCELLANEOUS PETITION S WERE TAKEN UP FOR HEARING , MRS N IVEDITA A KAMATH , THE LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT ON WRIT PETITION FILED BEFORE THE HIGH COURT IN WP (C)NO. 19600 OF 2013 DATED 7.8.2013, THE HIGH COURT DIRECTED THIS TRIBUNAL TO DISPOSE OFF THE MAIN APPEAL ITSELF WITHIN A PERIOD OF TWO MONTHS. THE HIGH COURT HAS ALSO GRANTED STAY OF MP NOS.86 & 87 / COCH/ 2013 2 RECOVERY OF THE OUTSTANDING AMOUNT ON THE PAYMENT OF 50% OF THE OUTSTANDING AMOUNT. IN VIEW OF THE ABOVE, THE LD COUNSEL SUBMITTED THAT THE PETITION BECOME INFRUCTUOUS; ACCORDINGLY, MADE AN ENDORSEMENT TO THIS EFFECT. 3 WE HAVE HEARD MS NIVEDITA A KAMATH, THE LD COUNSEL FOR THE ASSESSEE AND SHRI K K JOHN, THE LD DR ALSO. THE LD COUNSEL FOR THE ASSESSEE HAS MADE AN ENDORSEMENT AS NOT PRESSED. IT IS ALSO AN ADMITTED FACT THAT THE HIGH COURT HAD DIRECTED THE TRIBUNAL TO DISPOSE OFF THE MAIN APPEAL WITHIN A PERIOD OF TWO MONTHS AND ALSO GRATED INTERIM STAY ON PAYMENT OF 50% OF THE OUTSTANDING DEMAND. 4 IN V IEW OF THE FACTUAL SITUATION, TH E APPLICATION S FILED BY THE ASSESSEE ARE DISMISSED AS NOT PRESSED. HOWEVER, IT IS MADE IT CLEAR THAT THE APPEAL OF THE ASSESSEE WILL BE TAKEN UP FOR HEARING ON 20 TH AUG 2 013 AS DIRECTED BY THE HIGH COURT 6 IN THE RESULT, T HE MISCELLANEOUS PETITION S FILED BY THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E. 16 TH AUG 2013. SD/ - SD/ - ( B.R. BASKARAN) ( N .R.S GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED 16 TH , AUG 2013 RAJ* MP NOS.86 & 87 / COCH/ 2013 3 COP Y TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT , TRIVANDRUM 5. DR 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN