Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2004)90TTJ(Ahd.)154
These appeals by the revenue are directed against the orders of the learned Commissioner (Appeals) for assessment years 1990-91 and 1993-94. As a common ground is involved in these appeals, they are being disposed of by this common order for the sake of convenience. The common ground raised in these two appeals by the revenue reads as under : "On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in holding that the entire income of the co-operative bank from whatsoever investment is attributable to the business of the bank and accordingly eligible for exemption under section 80P of the Act." The other grounds are only arguments in support of the above common ground.At the time of hearing before us, the learned Departmental Representative relied upon the order of the assessing officer and the following decisions of Hon'ble Apex Court and jurisdictional High Court : (i) Madhya Pradesh State Co-op. Bank Ltd. v. Addl. CIT (1996) 218 ITR 43...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2004)91TTJ(Ahd.)355
The assessee is in appeal before us against the order of the learned Commissioner (Appeals)-XX, Ahmedabad, dated 10-5-2002, passed for assessment year 1999-2000.The first grievance of the assessee is that the learned Commissioner (Appeals) has erred in not condoning the delay in filing the appeal before him and accordingly rejected the appeal as time-barred.The learned counsel for the assessee submitted before us that an application moved by the assessee under section 154 of the Act was disposed of by the learned assessing officer vide his order dated 20-3-2001, against which an appeal could be filed before the first appellate authority on or before 4-6-2001. However, in fact, the appeal was filed on 21-12-2001. In this way, there was a delay of more than 6 months in filing the appeal. The learned counsel for the assessee further submitted that to explain the delay it was contended before the learned Commissioner (Appeals) that an earthquake had struck in Gujarat in January, 2001, whi...
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