M/s Hasham Investments & Trading Co.Pvt Ltd , Bangalore V. Assistant Commissioner of Income Tax Circle-5(1)(1), Bangalore

ITA 1038/BANG/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8933 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 02-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA.1038/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER I.T.A NO.1038/BANG/2018 (ASSESSMENT YEAR : 2014-15) HASHAM INVESTMENT AND TRADING CO.P. LTD, (FOR THE MERGED ENTITY NAPEAN TRADING AND INVESTMENT CO. P. LTD) 134, NEXT WIPRO CORPORATE OF FICE, DODDAKANNELLI, SARJAPUR ROAD, BENGALURU 560 035 .. APPELLANT PAN : AAACN2710M V. ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -5(1)(1), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. B. K. MANJUNATH, CA REVENUE BY : SHRI. VIKAS K. SURYAWAMSHI, ADDL. CIT HEARD ON : 12.12.2018 PRONOUNCED ON : 21.12.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT APPEAL IS FILED AGAINST THE EX-PARTY O RDER PASSED BY THE CIT (A), DT.19.02.2018, WHEREBY THE CIT (A) HAD APPLIED THE JUDGMENT OF THE HONBLE DELHI HIGH COURT IN THE MAT TER OF CIT V. MULTIPLAN [38 ITD 320], FOR DISMISSING THE APPEAL O F THE ASSESSEE. ITA.1038/BANG/2018 PAGE - 2 02. AT THE OUT SET THE LD. AR HAD SUBMITTED THAT TH E MATTER IS REQUIRED TO BE REMANDED BACK WITH A DIRECTION TO TH E CIT (A) TO DECIDE THE MATTER ON MERITS AND HAD ALSO SUBMITTED THAT AS THE ASSESSMENT ORDER WAS PASSED IN THE NAME OF A ENTITY WHICH CEASED TO EXIST IN VIEW OF THE FACT THAT THE SAID ENTITY M/S. NAPEAN TRADING AND INVESTMENT CO. P. LTD , HAD MERGED WITH THE PRE SENT ASSESSEE, NAMELY, HASHAM INVESTMENT AND TRADING CO., 03. PER CONTRA, THE LD. DR HAD SUBMITTED THAT THE A SSESSEE HAS NOT PARTICIPATED IN THE PROCEEDINGS AND HENCE SHOULD NO T BE GIVEN THE BENEFIT OF ITS OWN WRONG. FURTHER THE LD. DR RELIE D UPON THE JUDGMENT OF THE HONBLE DELHI HIGH COURT AND THE HO NBLE SUPREME COURT IN THE MATTER OF SKYLIGHT HOSPITALITY LL.P V. ACIT [92 TAXMANN.COM 93] AND HAD SUBMITTED THAT THE MATT ER SHOULD NOT BE SENT BACK. IF THE BENCH SENDS IT BACK THEN A DI RECTION BE GIVEN TO THE CIT (A) TO CONSIDER THIS DECISION IN SKYLIGHT H OSPITALITY LL.P (SUPRA). 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ASSESSEE HAD EXPLAINED BEFORE US THE REASON FOR NON-APPEARANCE BEFORE THE CIT (A) AND WE ARE CONVINCED THAT THERE WAS VALID AND COGENT REASON WHICH PREVENTED THE ASSESSEE FROM APP EARING BEFORE THE LOWER AUTHORITY. CONSIDERING THE TOTALITY OF T HE CIRCUMSTANCES, WE SET ASIDE THE ORDER PASSED BY THE CIT (A) AND DI RECT THE CIT (A) TO DECIDE THE APPEAL OF THE ASSESSEE ON MERIT AFTER CONDONING THE DELAY IN FILING THE APPEAL AND ALSO CONDONING THE N ON-APPEARANCE AT THE HEARING OF APPEAL BEFORE HIM. ITA.1038/BANG/2018 PAGE - 3 05. SIMULTANEOUSLY WE DIRECT THE ASSESSEE TO COOPER ATE AND PARTICIPATE ON EACH AND EVERY DATE OF HEARING THROU GH ITS AR IN THE APPELLATE PROCEEDINGS. 06. WE ALSO DIRECT THE CIT (A) TO CONSIDER THE DECI SIONS SUBMITTED BY THE LD. AR IN SUPPORT OF THE ASSESSMEN T ORDER PASSED IN THE NAME OF THE ERSTWHILE ENTITY IS UNSUSTAINABL E AND FOR THAT PURPOSES THE CIT (A) MAY EXAMINE THE APPLICABILITY OF THE DECISION CITED BEFORE US BY THE LD. AR IN THE MATTER OF QUAN TECH GLOBAL SERVICES LTD V. ACIT [ITA NO.1947/H/2011, DT.14.11. 2017]. 07. WE MAY ALSO LIKE TO POINT THAT THE DECISION CIT ED BY THE LD. DR IN THE MATTER OF SKYLIGHT HOSPITALITY LL.P (SUPR A) IS ALSO TO BE CONSIDERED BY THE CIT (A) WHILE DECIDING THE ISSUE OF VALIDITY OF THE ASSESSMENT PROCEEDINGS DONE IN THE NAME OF ERSTWHIL E ENTITY. 08. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DAY OF DECEMBER, 2018. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER BENGALURU DATED : 21.12.2018 MCN* ITA.1038/BANG/2018 PAGE - 4 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.