KEB HANA BANK,CHENNAI vs. DCIT, INTERNATIONAL TAXATION -1(2), CHENNAI

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ITTPA 122/CHNY/2024Status: DisposedITAT Chennai28 February 2025AY 2021-222 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided to dismiss the appeal filed by the assessee, KEB Hana Bank, in IT(TP)A No. 122/Chny/2024. The reasoning was based on the assessee's submission that they had inadvertently filed two appeals against the same impugned order for the assessment year 2021-22. The assessee intended to pursue the other appeal, IT(TP)A No. 126/Chny/2024, which was listed before a different bench of the Tribunal. The revenue did not object to the assessee's request for dismissal. Therefore, the Tribunal found the current appeal to be infructuous and dismissed it accordingly. No specific issue regarding the merits of the assessment order was decided.

What were the facts?

The assessee, KEB Hana Bank, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, challenging an order dated 25.10.2024 passed under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961, for the assessment year 2021-22. The revenue is represented by the Deputy Commissioner of Income Tax, International Taxation 1(2), Chennai. During the hearing on 28.02.2025, the assessee's authorized representative informed the Tribunal that the assessee had filed two appeals against the same impugned order. One appeal, IT(TP)A No. 122/Chny/2024, was listed before the current bench, and the other, IT(TP)A No. 126/Chny/2024, was listed before another bench. The assessee requested the dismissal of the current appeal as they intended to pursue the other appeal.

What were the issues?

1. Whether the appeal filed by the assessee, KEB Hana Bank, against the order dated 25.10.2024 passed under section 143(3) r.w.s. 144C(13) for the assessment year 2021-22 should be dismissed. The assessee argued that they had filed two appeals against the same impugned order, one before this bench (IT(TP)A No. 122/Chny/2024) and another before a different bench (IT(TP)A No. 126/Chny/2024). The assessee's representative requested the dismissal of the current appeal as they intended to pursue the appeal before the other bench. The revenue did not raise any objection to this request.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri Jagadish

Hearing: 28.02.2025Pronounced: 28.02.2025

आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी जगदीश, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.(TP)A. No.122/Chny/2024 िनधा�रण वष�/Assessment Year: 2021-22 KEB Hana Bank, Vs. The Deputy Commissioner of 4th Floor, No. 29, Bannari Amman Income Tax, Towers, Dr. Radhakrishnan Salai, International Taxation 1(2), Mylapore, Chennai 600 004. Chennai. [PAN:AADCK4261D] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Lalit Kumar, C.A. ��थ� की ओर से/Respondent by : Ms. Gauthami Manivasagam, JCIT सुनवाई की तारीख/ Date of hearing : 28.02.2025 घोषणा की तारीख /Date of Pronouncement : 28.02.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 25.10.2024 passed under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 [“Act” in short] for the assessment year 2021-22.

2.

When the appeal was taken up for hearing, the ld. AR Shri Lalit Kumar, C.A. drew our attention to the letter dated 24.02.2025 and submits that the assessee filed two appeals before this Tribunal against the same impugned order. The appeal in IT(TP)A No.

2 I.T.(TP)A. No.122/Chny/24

122/Chny/2024 is listed before us today and the other appeal in IT(TP)A No. 126/Chny/2024 before other Bench. The ld. AR prayed that this Tribunal may dismiss the appeal in IT(TP)A No. 122/Chny/2024 as the assessee will pursue other appeal in IT(TP)A No. 126/Chny/2024 before other Bench, against which, the ld. DR Dr. M.D. Vijay Kumar, JCIT did not raise any objection. Accordingly, this appeal is dismissed as infructuous.

3.

In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on 28th February, 2025 at Chennai.

Sd/- Sd/- (JAGADISH) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 28.02.2025 Vm/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.

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