Income Tax Appellate Tribunal - Chennai
Tamilnadu Cooperative State ... vs Acit Non Corporate Circle 2 , Chennai on 2 March, 2018
आयकर अपील
य अ धकरण, 'बी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH, CHENNAI
ी जॉज माथन, या यक सद य एवं ी ए. मोहन अलंकामणी, लेखा सद य केसम(
SHRI GEORGE MATHAN, JUDICIAL MEMBER AND
SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER
)व)वध या चका सं / M.P. No.382/Chny/2017
(in I.T.A. No.1552/Mds/2017)
नधा रण वष / Assessment Year : 2010-11
M/s Tamilnadu Co-operative State The Assistant Commissioner of
Agricultural & Rural Development v. Income Tax,
Bank, Non-Corporate Circle - 2,
181-183, Luz Church Road, Chennai - 600 034.
Mylapore, Chennai - 600 004.
PAN : AABAT 7344 J
(,ाथ क/Petitioner) (,-यथ./Respondent)
,ाथ क क0 ओर से /Petitioner by : Shri M. Viswanathan, CA
,-यथ. क0 ओर से/Respondent by : Shri AR.V. Sreenivasan, JCIT
सन
ु वाई क0 तार
ख/Date of Hearing : 02.03.2018
घोषणा क0 तार
ख/Date of Pronouncement : 02.03.2018
आदे श /O R D E R
PER GEORGE MATHAN, JUDICIAL MEMBER:
This is a Miscellaneous Petition filed by the assessee against the order of this Tribunal in I.T.A. No.1552/Mds/2017 dated 16.11.2017, for assessment year 2010-11.
2. It was submitted by the Ld. A.R. that the issue raised in the appeal was squarely covered by the decision of the co-ordinate 2 M.P. No.382/Chny/17 Bench of this Tribunal in the assessee's own case for assessment year 2009-10 in I.T.A. No.1318/Mds/2013 dated 01.05.2017. It was a submission that however, the Tribunal had erroneously followed the decision of Hon'ble Kerala High Court in the case of Kerala State Co-operative Agricultural & Rural Development Bank Ltd. reported in (2016) 67 taxmann.com 111 (Kerala). It was a submission that the decision in the assessee's own case, though cited, has not been distinguished. It was a submission that the order of this Tribunal may be recalled.
3. In reply, the Ld. Departmental Representative vehemently supported the order of this Tribunal.
4. We have considered the rival submissions. Admittedly, though the decision of co-ordinate Bench of this Tribunal in the assessee's own case has been referred to, the same has not been distinguished before applying the decision of Hon'ble Kerala High Court in Kerala State Co-operative Agricultural & Rural Development Bank Ltd. (supra). This being so, admittedly, there is an error in the order of this Tribunal which requires to be rectified. Therefore, the order of this Tribunal in I.T.A. No.1552/Mds/2017 dated 16.11.2017 stands recalled and posted for hearing afresh on 3 M.P. No.382/Chny/17 14.05.2018. No notice is to be issued to the parties as the date of hearing was pronounced in the open court.
5. In the result, the Miscellaneous Petition filed by the assessee stands allowed.
Order pronounced in the open court on 2nd March, 2018 at Chennai.
sd/ sd/-
(ए. मोहन अलंकामणी) (जॉज माथन)
(A. Mohan Alankamony) (George Mathan)
लेखा सद य/Accountant Member या यक सद य/Judicial Member
चे नई/Chennai,
nd
6दनांक/Dated, the 2 March, 2018.
Kri.
आदे श क0 , त8ल)प अ9े)षत/Copy to:
1. ,ाथ क/Petitioner
2. ,-यथ./Respondent
3. आयकर आयु:त (अपील)/CIT(A)
4. आयकर आयु:त/CIT
5. )वभागीय , त न ध/DR
6. गाड फाईल/GF.