THE ITO, TIRUR vs. M/S.PERINTHALMANNA SERVICE CO-OP BANK LTD, MALAPPURAM

In these appeals filed by the Revenue, there is a delay of 1112 days. The order of the CIT(A) is of February 2017. The learned ITO, Ward-4, Tirur has filed an Affidavit mentioning that there has been change in the law insofar as a subsequent decision of the Full Bench of the Hon’ble Jurisdictional High Court of Kerala in the case of The Mavilayi Service Co-opeative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019] applies and consequently the order of the CIT(A) is liable to be reversed. In the Affidavit, no reason for the delay is mentioned other than stating that the decision of the Hon’ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] was not good law and the decision in the case of Perinthalmanna Service Co-operative Bank Ltd. reported in 363 ITR 268 was the correct proposition in law. On behalf of the assessee, there is vehement objection in respect of the condonation of the delay.

We have considered the rival submissions. Admittedly, the order of the CIT(A) is of February 2017. The time limit for filing appeal against the order of the CIT(A) before the Tribunal is 60 days. The order giving effect to the order of the CIT(A) as provided in the provisions of section 153(5) has also expired. As per the Affidavit filed by the Revenue, the decision of the Full Bench of the Hon’ble Jurisdictional High Court in -262/Coch/2020 3 CO Nos.04-07/Coch/2020. M/s.Perinthalmanna SCB Limited. the case of The Mavilayi Service Co-opeative Bank Ltd. v. CIT¸ referred to supra, was delivered on 19.03.2019. These appeals have been filed only on 18.06.2020 after an inordinate delay. Consequently, as no reasons have been given for the delay in filing of these appeals and on account of the fact that the time limit for giving effect to the order of the learned CIT(A) has expired and the issue has now reached finality for the impugned assessment years in respect of the assessee, it would not be appropriate to disturb such finality. Consequently, the delay in filing of these appeals of 1112 days is not condoned and the appeals of the Revenue stand dismissed. As the appeals of the Revenue are dismissed on the ground of delayed filing of the appeals before the Tribunal, we are not going into the merits of the issues.

Since we have dismissed the appeals filed by the Revenue as time barred, the cross objections filed by the assessee being in support of the orders of the learned CIT(A), the same are infructuous, and the same stand dismissed.

In the result, the appeals filed by the Revenue and cross objections filed by the assessee are dismissed.