ANGUL UNITED CENTRAL CO-OPERATIVE BANK LIMITED,ANGUL vs. PR.CIT-1, BHUBANESWAR

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ITA 51/CTK/2021Status: HeardITAT Cuttack01 June 2022AY 2012-132 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 held that an order passed under Section 264 of the Act is not an appealable order before the ITAT as it does not fall under the provisions of Section 253(1) of the Act. Therefore, the appeal filed by the assessee was dismissed.

What were the facts?

The assessee filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order passed by the Principal Commissioner of Income Tax (Pr. CIT) under Section 264 of the Income Tax Act for the assessment year 2012-13. The assessee's counsel acknowledged that the ITAT might not be the correct forum for such an appeal.

What were the issues?

Whether an order passed by the Pr. CIT under Section 264 of the Income Tax Act is appealable before the Income Tax Appellate Tribunal.

Which sections of the Income-tax Act were involved?

Section 264,Section 253(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: ARUN KHODPIA & ARUN KHODPIA & ARUN KHODPIA

For Appellant: Shri Ambica Prasad Mohanty, ca Prasad Mohanty, AR
For Respondent: Shri M.k.Gautam

O R D E R Per Bench This is an appeal filed by the assessee against the order This is an appeal filed by the assessee against the order This is an appeal filed by the assessee against the order u/s.264 of the Act of the Pr. CIT,1, Bhubaneswar dated 24th the Act of the Pr. CIT March, 2021 for the assessment year assessment year 2012-13.

2.

Shri Ambica Prasad Mohanty, ld AR appeared for the assessee and Shri Ambica Prasad Mohanty, ld AR appeared for the assessee and Shri Ambica Prasad Mohanty, ld AR appeared for the assessee and Shri M.K.Gautam, ld CIT DR appeared for the revenue. Shri M.K.Gautam, ld CIT DR appeared for the revenue. Shri M.K.Gautam, ld CIT DR appeared for the revenue.

3.

At the time of hearing, it was brought to the attention of ld counsel At the time of hearing, it was brought to the attention of ld counsel At the time of hearing, it was brought to the attention of ld counsel for the assessee that an order passed by Ld. Pr. CIT u/s.264 is no for the assessee that an order passed by Ld. Pr. CIT u/s.264 is no for the assessee that an order passed by Ld. Pr. CIT u/s.264 is not an appealable order before the Tribunal in so far as it does not fall in any of appealable order before the Tribunal in so far as it does not fall in any of appealable order before the Tribunal in so far as it does not fall in any of the provisions of Section 253(1) of the Act. Ld counsel for the assessee had the provisions of Section 253(1) of the Act. Ld counsel for the assessee had the provisions of Section 253(1) of the Act. Ld counsel for the assessee had P a g e 1 | 2 been so advised that the assessee has chosen a wrong forum and if at all a writ petition should have been filed before the Hon’ble Jurisdictional High Court. Ld A.R. prayed that liberty may be granted to the assessee to approach the Hon’ble High Court. This Tribunal is not the authority to grant the assessee the liberty to approach the appropriate legal forum. As the appeal filed by the assessee is against the order u/s.264 of the Income Tax Act, 1961, and it is not appealable before this Tribunal, the appeal filed by the assessee is dismissed.

4.

In the result, appeal is dismissed.

1.

Order dictated and pronounced in the open court on 1 /6/2022. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 1 /06/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to :

1. 1. The appellant: Angul United Central Co-operative Bank Ltd., Near NH 55, Angul.

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