State Bank of Bikaner and Jaipur vs Commissioner of Income Tax

This appeal is directed against the order passed by the Income Tax Appellate Tribunal on 14-6-2002 which has been passed pursuant to order passed by the Tribunal on 12-10-2001 by which the order passed on ground No. 1 in its earlier order dated 22-2-2000 was recalled and sought to be re-determined after hearing the parties.

The order passed on 12-10-2001 on rectification of application moved by the assessee for the assessment years 1993-94, 1994-95, 1995-96 and 1996-97 have been subject-matter of Income Tax Appeal Nos. 141/03, 142/03, 143/03 and 144/03. The order dated 12-10-2001 recalling its earlier order dated 22-2-2000 on ground No. 1 has been set aside today, i.e., 14-7-2004 by a detailed order of this court in the aforesaid appeals and the Tribunal is directed to rectify its earlier order dated 22-2-2000 by substituting the directions given by it in the order dated 29-10-1999 in place of directions contained in Para No. 4 of the order dated 22-2-2000.

Since the foundation of the order on the basis of which the order under appeal has been passed has been set at naught, the order under appeal also cannot be sustained.

Consequently, the appeal is allowed and the order of the Tribunal under appeal is set aside.