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INCOME TAX APPELLATE TRIBUNAL (JODHPUR BENCH)
SHRI. LALIET KUMAR, JM, DR. MITHA LAL MEENA, AM
The DCIT – Appellant
Versus
M/s Hanumangarh Sahakari Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. factual premise regarding prior tribunal evaluations. (Para 1 , 2) |
| 2. revenue's inability to pursue timely rectifications. (Para 3 , 4) |
| 3. final dismissal of the applications. (Para 5) |
These Miscellaneous Applications have been filed by the Revenue under section
254(2) of the Income Tax Act, 1961 , seeking rectification of the consolidated order dated 14.03.2016 passed by the Tribunal in ITA Nos. 55 & 56/Jodh/2015 for the assessment years 2010–11 and 2011–12.
2. The Ld. DR submitted that the impugned order of the Tribunal suffers from an apparent error on the face of the record. It was pointed out that while granting relief to the assessee, the Tribunal had relied upon its earlier order dated 24.09.2014 passed in ITA No. 341/Jodh/2013 for A.Y. 2009–10, in the assessee’s own case.
2.1 The Revenue contended that in the said earlier order, the Tribunal had erroneously treated M/s Hanumangarh Sahakari Bhoomi Vikas Bank Ltd., a separate legal entity, as being the same assessee. Consequently, it wrongly held that the facts and issues in both cases were identical, and on that basis, relief was allowed.
2.2 It was submitted that this factual mistake vitiated the entire fin
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