Bihar Rajya Sahakari Bhumi Vikas Bank Simit v. Commissioner Of Income Tax, Patna

8 IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.249 of 2008 Bihar Rajya Sahakari Bhumi Vikas Bank Simit, Registered office under Bihar & Orissa Co-operative Society act (vi of 1935) having its registered office at Budh Marg, Patna ..... Appellant- Petitioner VERSUS 1. Commissioner of Income Tax, Patna 2. Deputy Commissioner of Income Tax special Range-1 Patna Redeginated as Joint Commissioner of Income Tax, Range-1 Patna .... Respondent- Opp. Parties WITH C.REV No.250 of 2008 Bihar Rajya Sahakari Bhumi Vikas Bank Simit, Registered office under Bihar & Orissa Co-operative Society act (vi of 1935) having its registered office at Budh Marg, Patna ..... Appellant- Petitioner VERSUS 1. Commissioner of Income Tax, Patna 2. Deputy Commissioner of Income Tax special Range-1 Patna Redeginated as Joint Commissioner of Income Tax, Range-1 Patna .... Respondent- Opp. Parties -------- For the Petitioner : Dr R.Usha, Advocate For the Respondents : Mr Harshwardhan Prasad, Sr SC Mr Archana Sinha, JSC For the Respondents : Mr Harshwardhan Prasad, Sr SC ----- 29.7.2009 Heard learned counsel for the petitioner and learned counsel for the Income Tax Department and its officials. On behalf of the petitioner it has been submitted that the judgment under review has been delivered by the Division Bench on wrong appreciation of judgments cited and contrary to views of the Supreme Court. On behalf of the respondents the aforesaid submission has been refuted and it has been further submitted that the judgment was passed in a sk Miscellaneous Appeal preferred under section 260 of the Income Tax Act against which only an appeal can be preferred under section 261 before the Apex Court and there is no provision of review of the appellate order in the Income Tax Act which is a Code by itself. On going through the judgment under review and after noticing the rival submissions, we do not find merit in these review applications. They are accordingly dismissed. (Shiva Kirti Singh, ACJ) (Dr Ravi Ranjan, J.)