STATE BANK OF INDIA, v. ACIT RG 2(2),

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND SHRI R.K. PANDA ACCOUNTANT MEMBER M.A. NO. 533/MUM/2010 ARISING OUT OF ITA. NO. 1562/MUM/2006 ASSESSMENT YEAR 1991-1992 STATE BANK OF INDIA MUMBAI 400 021 VS. THE ACIT RANGE 2 (2) MUMBAI (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI TEJAS MEHTA FOR RESPONDENT : SMT. MALATI SRIDHARAN ORDER PER D. MANMOHAN V.P. 1. BY THIS MISCELLANEOUS APPLICATION ASSESSEE SEEK S RECALL OF THE ORDER DATED 25 TH MARCH 2009 WITH REGARD TO GROUND NO. 1.A.III CONCERNING THE ASSESSMENT YEAR 1991-1992. IT MAY BE NOTICED THAT THE SAID GROUND WAS NOT TAKEN-UP FOR CONSIDERATION BECAUSE APPROVAL FROM COMMITTEE WAS NOT ACCORDED IN RESPECT OF THE A FOREMENTIONED GROUND. HOWEVER VIDE ORDER DATED 20 TH MAY 2010 THE COMMITTEE HAD ACCORDED APPROVAL PERMITTING THE ASSESSEE TO PURSUE APPEAL BEFORE THE ITAT WITH REGARD TO THE FOLLOWING ISSUE : REDUCTION IN RESPECT OF THE BROKEN PERIOD INTEREST IN THE RETURN OF INCOME. 2. UNDER THESE CIRCUMSTANCES WE RECALL THE ORDER OF THE ITAT FOR THE ASSESSMENT YEAR 1991-92 FOR THE LIMITE D PURPOSE OF DISPOSING OF GROUND NO.1.A.III. THE REGISTRY IS DIR ECTED TO POST THE APPEAL FOR FRESH HEARING ON 28-4-2011. SINCE THE DA TE IS ANNOUNCED IN THE OPEN COURT THERE IS NO NEED TO ISSUE FRESH NOT ICE TO THE PARTIES. MA 533/MUM/2010 STATE BANK OF INDIA 2 3. IN THE RESULT M.A. OF THE ASSESSEE TREATED AS ALLOWED. PRONOUNCED ACCORDINGLY IN THE OPEN COURT. SD/- SD/- (R.K.PANDA) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATE 25 TH FEBRUARY 2011 VBP/- COPY TO 1. STATE BANK OF INDIA CENTRAL OFFICE 14 TH FLOOR ACCOUNTS & COMPLIANCE DEPARTMENT MADAM CAMA ROAD MUMBAI 021. 2. THE ACIT RANGE 2 (2) MUMBAI 3. CIT(A)-II MUMBAI 4. CIT CITY-II MUMBAI 5. DR C BENCH 6. GUARD FILE TRUE COPY BY ORDER ASST. REGISTRAR ITAT MUMBAI BENCHES MUMBAI.