Deputy Commissioner of Income-tax,, Nandurbar v. Indira Mahila Sahakari Bank Ltd.,, Nandurbar

MA 58/PUN/2017 | 2007-2008
Pronouncement Date: 29-11-2017 | Result: Dismissed

Appeal Details

RSA Number 5824524 RSA 2017
Assessee PAN AAAAI0415Q
Bench Pune
Appeal Number MA 58/PUN/2017
Duration Of Justice 5 month(s) 9 day(s)
Appellant Deputy Commissioner of Income-tax,, Nandurbar
Respondent Indira Mahila Sahakari Bank Ltd.,, Nandurbar
Appeal Type Miscellaneous Application
Pronouncement Date 29-11-2017
Appeal Filed By Department
Tags No record found
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 29-11-2017
Last Hearing Date 10-11-2017
First Hearing Date 10-11-2017
Assessment Year 2007-2008
Appeal Filed On 19-06-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH PUNE BEFORE MS. SUSHMA CHOWLA JM AND SHRI ANIL CHATURVEDI AM M A. NO. 58 / PUN/2017 ARISI NG OUT OF ITA NO. 110/PUN/2015 / ASSESSMENT YEAR : 2007 - 08 THE DEPUTY COMMISSIONER OF INCOME TAX DHULE. ....... / APPLICANT / V/S. M/S. INDIRA MAHILA SAHAKARI BANK LTD. SHRIRAM TOWER STATION ROAD NAGAR PARISHAD AREA NANDURBAR. PAN : AAAAI0415Q / RESPONDENT APPELLANT BY : SHRI AJAY MODI RESPONDENT BY : SHRI PRAMOD SHINGTE RESPONDENT BY : SHRI PRAMOD SHINGTE / DATE OF HEARING : 10.11.2017 / DATE OF PRONOUNCEMENT : 29 .11.2017 / ORDER PER SUSHMA CHOWLA JM THE APPLICANT/REVENUE HAS FILED THE PRESENT MISCELLANEOUS A PPLICATION AGAINST THE ORDER OF TRIBUNAL DATED 21.12.2016 . 2. THE GRIEVANCE OF THE APPLICANT/ REVENUE IS AGAINST THE ORDER OF TRIBUNAL IN HOLDING THAT THE INTEREST ACCRUED ON NPAS WAS NOT TAXABLE IN THE HANDS OF THE RESPONDENT. 3. W E FIND THAT THE ISSUE STANDS COVERED BY THE RATIO LAID DOWN BY THE HONBLE BOMBAY HIGH COURT AND HENCE THE SAME WAS DECIDED EX - PARTE THE 2 MA NO.58/PUN/2017 A.Y. 2007 - 08 ASSESSEE. T HE ISSUE RAISED IN THE M ISCELLANEOUS A PPLICATION AGAINST THE ASSESSABILITY O F INTEREST ACCRUED ON NPAS WAS DECIDED IN FAVOUR OF THE ASSESSEE BY RATIO LAID DOWN BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. DEOGIRI NAGRI SAHAKARI BANK LTD. IN ITA NO.53 OF 2014. THE LD. DR FOR THE APPLICANT/REVENUE HAS ONLY REFERRED TO THE APPEAL FILED BEFORE HONBL E BOMBAY HIGH COURT IN ANOTHER CASE WHICH IS PENDING FOR ADJUDICATION. HOWEVER WHERE THE ISSUE IS SETTLED BY THE ORDER OF HONBLE JURISDICTIONAL HIGH COURT THERE IS NO MERIT IN THE MISCELLANEOUS APPLICATION FILED BY REVENUE AND HENCE THE SAME IS DISMISS ED. 4 . IN THE RESULT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 29 TH DAY OF NOVEMBER 2017. SD/ - SD/ - (ANIL CHATURVEDI) ( SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 29 TH NOVEMBER 2017 SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) - I NASHIK. 4. THE CIT - I NASHIK. 5 . / DR ITAT A BENCH PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER / PRIVATE SECRETARY / ITAT PUNE.