ACIT, Bhiwani v. Haryana Kshetriya Gramin Bank, Bhiwani

MA 109/DEL/2011 | 2003-2004
Pronouncement Date: 18-11-2011 | Result: Allowed

Appeal Details

RSA Number 10920124 RSA 2011
Bench Delhi
Appeal Number MA 109/DEL/2011
Duration Of Justice 7 month(s) 2 day(s)
Appellant ACIT, Bhiwani
Respondent Haryana Kshetriya Gramin Bank, Bhiwani
Appeal Type Miscellaneous Application
Pronouncement Date 18-11-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted C
Tribunal Order Date 18-11-2011
Assessment Year 2003-2004
Appeal Filed On 15-04-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C DELHI BEFORE SHRI RAJPAL YADAV AND SHRI K.G. BANSAL M.A.NO.109(DEL)/2011 (ARISING OUT OF ITA NO.2950(DEL)/2008) ASSESSMENT YEAR: 2003-04 ASSISTANT COMMISSIONER OF INCOME HARYANA KSHETRIYA GRAMIN TAX ROHTAK CIRCLE ROHTAK. VS. BANK BHIWANI (HARYANA) (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. S. MOHANTY SR. DR RESPONDENT BY : SHRI NAVEEN KUMAR GOYAL C.A . DATE OF HEARING : 18.11.2011. DATE OF PRONOUNCEMENT: 18.11.2011. ORDER PER K.G. BANSAL : AM IN THIS CASE THE TRIBUNAL HAD PASSED THE ORDER FOR ASSESSMENT YEARS 2003-04 AND 2004-05 ON 05.05.2009 IN WHICH THE A PPEALS OF THE REVENUE WERE DISMISSED IN LIMINE ON THE GROUND THAT PRIOR APPROVAL OF THE COMMITTEE ON RESOLUTION OF DISPUTES (COD FOR SHOR T) HAD NOT BEEN OBTAINED. THE REVENUE FILED A MISCELLANEOUS A PPLICATION ON 15.04.2011 FOR ASSESSMENT YEAR 2003-04 MENTIONING THAT THE COD GRANTED APPROVAL TO PROSECUTE THE APPEAL IN REFERENCE NO. 279/CO D/94/2010-SO(ITJ) DATED 30.04.2010. THEREFORE IT HAS BEEN REQUESTED THA T THE ORDER MAY BE RECALLED AND THE APPEAL MAY BE DECIDED ON MERI TS. M.A.NO. 109(DEL)/2011 2 2. BEFORE US THE ADMITTED POSITION OF BOTH THE PARTIES IS THAT THE COD HAS GRANTED APPROVAL FOR PROSECUTING THE APPEAL . THEREFORE EVEN THE ASSESSEE DOES NOT HAVE ANY OBJECTION FOR RECALLIN G THE ORDER AND DECIDING THE APPEAL ON MERITS. IN VIEW OF THIS ADMITTED POSITION THE ORDER DATED 05.05.2009 IS RECALLED. 3. THE APPEAL IS FIXED FOR HEARING ON 04.04.201 2 A DATE ANNOUNCED IN THE OPEN COURT. BOTH THE PARTIES WERE INFORME D THAT NO FRESH NOTICE WILL BE ISSUED. 4. IN THE RESULT THE APPLICATION IS ALLOWED. SD/- SD/- (RAJPAL YADAV) (K.G. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER SP SATIA COPY OF THE ORDER FORWARDED TO:- HARYANA KSHETRIYA GRAMIN BANK BHIWANI. ACIT ROHTAK CIRCLE ROHTAK. CIT(A) CIT THE DR ITAT NEW DELHI. ASSISTANT REGISTRAR.