Income Tax Appellate Tribunal - Jaipur
Baroda Rajasthan Kshetriya Gramin ... vs Acit, Ajmer on 10 July, 2017
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IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR
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BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM
M.A. No. 73/JP/2017
(Arising out of ITA No. 982/JP/2015
fu/kZkj.k o"kZ@Assessment Year : 2012-13.
Baroda Rajasthan Kshetriya Gramin Bank, cuke The Asstt. Commissioner of
(Erstwhile Rajasthan Gramin Bank), Vs. Income Tax, Circle-2,
st
Head Office 1 Floor, City Plaza, Vaishali Ajmer.
Nagar, Jaipur.
LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AAAAR 4349 E
vihykFkhZ@Appellant izR;FkhZ@Respondent
fu/kZkfjrh dh vksj ls@ Assessee by : Shri Ajay Somani (C.A)
jktLo dh vksj ls@ Revenue by : Shri S.L. Chandel (Addl. CIT)
lquokbZ dh rkjh[k@ Date of Hearing : 07.07.2017.
?kks"k.kk dh rkjh[k@ Date of Pronouncement : 10/07/2017.
vkns'k@ ORDER
PER SHRI KUL BHARAT, JM.
This Miscellaneous Application by the assessee arise out of the order of the Tribunal in ITA No. 982/JP/2015 seeking recalling of the Tribunal's order dated 28.07.2016.
2. The ld. Counsel for the assessee reiterated the submissions as made in the Miscellaneous Application. The relevant contents of the Miscellaneous Application are reproduced as under :-
" That the appellant is a Scheduled Bank, sponsored by Bank of Baroda (a Public Sector Undertaking), governed by norms and guidance of Reserve Bank of India. That the Bad & doubtful Debts provision is governed by norms 2 MA No. 73/JP/2017 Baroda Rajasthan Kshetriya Gramin Bank, Ajmer.
of regulator Reserve Bank of India. That Bank has debited the sums to its Profit & Loss Account accordingly.
That on the date of hearing, our Chartered Accountant presented before the Bench that it is a covered case by judgment (in another Bank's case) of honorable Jodhpur ITAT. The Bench was also apparently of the same view. The ld. D.R. also nodded the order was reserved. Our chartered accountant had referred and cited the judgment ITA No. 240/Jodh/2013 dated 29.11.2013 of honorable ITAT, Jodhpur (M/s. Nagpur Urban Co-
operative Bank Limited v/s ACIT Nagaur). Copy of judgment is enclosed.
The above said judgement referred by honorable bench was probably inadvertently filed by some official of the Bank on some earlier date (when he had come to seek adjournment). This fact was not in the knowledge of Counsel. The said judgement is not relevant to the case but might have been inadvertently submitted and referred resulting into error in the order.
That on the receipt of order, it has come to notice that honorable Bench has considered order ITA No. 1032/JP/2011 dt. 14.08.2014 (instead of ITA No. 240/Jodh/2013) and has also dismissed the appeal with the observation.
" The reliance placed by ld. Counsel on the decision of the co-ordinate Bench in ITA No. 1032/JP/2011 is not applicable in the case of the assessee."
PRAYER:
That due to some misunderstanding/confusion citation & judgment ITA No. 240/Jodh/2013 dated 29.22.3023 has not been considered which has resulted in unjustified 'DISMISSAL' of the case. The same be kindly restored. The inconvenience caused in this respect is deeply regretted."
2.1. The ld. D/R opposed the submissions and submitted that the assessee is trying to seek review of the order in the garb in rectification of mistake.3 MA No. 73/JP/2017
Baroda Rajasthan Kshetriya Gramin Bank, Ajmer.
2.2. We have heard the rival contentions, perused the material available on record and gone through the order sought to be recalled. The ld. Counsel for the assessee submitted that while arguing the appeal he has placed reliance on the Coordinate Bench decision rendered in the case of M/s. Nagaur Urban Co-operative Bank Ltd. Vs. ACIT, Circle, Nagaur in ITA No. 240/Jodh/2013 dated 29.11.2013 and had submitted that the same is covered in favour of the assessee and he has not relied on the order rendered in ITA No. 1032/JP/2011 dated 14.08.2014. He submitted that the Tribunal while passing the order in ITA No. 982/JP/2015 dated 28.07.2016 inadvertently taking note of the order in ITA No. 1032/JP/201 dated 14.08.2014 dismissed the appeal of the assessee, which is apparent on record. The assessee has filed a sworn in Affidavit in support of its case. We have considered the facts of the case and looking to the circumstances of the case and in the interest of natural justice, we recall our order dated 28.07.2016. The Registry is directed to fix the appeal in due course.
3. In the result, Miscellaneous Application of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 10/07/2017.
Sd/- Sd/-
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(VIKRAM SINGH YADAV) ( KUL BHARAT )
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Jaipur
Dated:- 10/07/2017.
Das/
4
MA No. 73/JP/2017
Baroda Rajasthan Kshetriya Gramin Bank, Ajmer.
vkns'k dh izfrfyfi vxzfs "kr@Copy of the order forwarded to:
1. The Appellant- Baroda Rajasthan Kshetriya Gramin Bank, Jaipur.
2. The Respondent- The ACIT, Circle-2, Ajmer.
3. The CIT,
4. The DR, ITAT, Jaipur
5. Guard File (MA No. 73/JP/2017) vkns'kkuqlkj@ By order, lgk;d iathdkj@ Assistant. Registrar 5 MA No. 73/JP/2017 Baroda Rajasthan Kshetriya Gramin Bank, Ajmer.