The Surat Peoples Co.Op. Bank Ltd.,, Surat v. The Dy. CIT, (OSD)- II,, Surat

D IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD D BENCH . .. . . .. . !' !' !' !' #$ #$ #$ #$ %& %& %& %& &' &' &' &' ( & ' ( & ' ( & ' ( & ' BEFORE S/SHRI G.C. GUPTA VICE-PRESIDENT AND TEJ RAM MEENA ACCOUNTANT MEMBER) MA NOS.167/AHD/2013 IN ITA NO.1826/AHD/2012 [ASSTT.YEAR : 2008-2009] THE SURAT PEOPLES COOP. BANK LTD. VASUDHARA BHAWAN TIMALIYAWAD NANPURA SURAT. /VS. DCIT (OSD)-II SURAT. MA NOS.114/AHD/2013 IN ITA NO.1826/AHD/2012 [ASSTT.YEAR : 2008-2009] THE DCIT (OSD)-II SURAT. /VS. THE SURAT PEOPLES COOP. BANK LTD. VASUDHARA BHAWAN TIMALIYAWAD NANPURA SURAT. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( ( -*+ -*+ -*+ -*+ / RESPONDENT) .% / 0 &/ ASSESSEE BY : SHRI K.N. BHATT ( / 0 &/ REVENUE BY : SHRI P.L. KUREEL SR-DR 2 / %3'/ DATE OF HEARING : 18 TH OCTOBER 2013. 456 / %3'/ DATE OF PRONOUNCEMENT : 18 TH OCTOBER 2013 &7 / O R D E R PER G.C. GUPTA VICE-PRESIDENT: THESE CROSS MISC. APPLICATIONS FILED BY THE REVENUE AND THE ASSESSEE ARE DIRECTED WITH MA NOS.167/AHD/2013 -2 REGARD TO THE ORDER OF THE TRIBUNAL DATED 9.11.2012 PASSED IN THE CASE OF THE ASSESSEE FOR A.Y.2008-2009 IN ITA NO.1826/AH D/2012. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE HONBLE JURISDICTIONAL HIGH COURT HAS SET ASIDE THE IMPUGNE D ORDER OF THE TRIBUNAL DATED 9.11.2012 AND THEREFORE BOTH THE MA S. PREFERRED BY THE REVENUE AND ASSESSEE HAVE BECOME INFRUCUOUS. THE LEARNED DR HAS SUPPORTED THE SUBMISSIONS OF THE LEARNED COUNSE L FOR THE ASSESSEE. 3. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDER OF THE HONBLE JURISDICTIONAL HIGH COURT IN TAX APPEAL NO.632 OF 2013 DATED 30.9.2013. WE FIND THAT THE HONBLE HIGH COU RT HAS REMITTED THE MATTER BACK TO THE TRIBUNAL FOR FRESH CONSIDERA TION OF THE ISSUE IN QUESTION. IN VIEW OF THE ORDER OF THE HONBLE JURI SDICTIONAL HIGH COURT DATED 30.9.2013 (SUPRA) WE ARE OF THE VIEW T HAT THE MAS ARISING OUT OF THE ORDER OF THE TRIBUNAL DATED 9.11 .2012 (SUPRA) IN THE APPEAL OF THE ASSESSEE FOR A.Y.2008-2009 IN ITA NO. 1826/AHD/2012 HAVE BECOME INFRUCTOUS AND THEREFORE BOTH THE MAS . PREFERRED BY THE REVENUE AND THE ASSESSEE BEING INFRUCTOUS ARE DISMI SSED. 4. IN THE RESULT BOTH THE MAS PREFERRED BY THE REV ENUE AND THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %& %& %& %& / TEJ RAM MEENA) &' ( &' ( &' ( &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT