Regen Infrastructure and Services Pvt. Ltd., CHENNAI V. DCIT Corporate Circle 5(1), CHENNAI

ITA 1530/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4295 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 16-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S BHARATH
• Assessee Lawyers: B RAMAKRISHNAN
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NOS.1530 & 1531/CHNY/2019 ( [ [ / ASSESSMENT YEARS: 2014-15 & 2015-16) M/S. REGEN INFRASTRUCTURE AND SERVICES PVT. LTD., 2, 8 TH FLOOR, KRM PLAZA, HARRINGTON ROAD, CHETPET, CHENNAI 600 031. VS THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 5(1), CHENNAI 34. PAN: AADCR9647J ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI B. RAMAKRISHNAN, FCA / RESPONDENT BY : SHRI S. BHARATH, CIT /DATE OF HEARING : 08.01.2020 /DATE OF PRONOUNCEMENT : 19.02.2020 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : BOTH THE APPEALS OF THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)3, CHENNAI DATED 24.04.2019 AND PERTAINS TO THE ASSESSMENT YEARS 2014-15 & 2015-16. THEREFORE, WE HEARD BOTH THE APPEALS TOGETHER AND DISPOSING OF THE SAME BY THIS COMMON ORDER. 2 I.T.A. NOS. 1530 & 1531/CHNY/2019 2. SHRI B. RAMAKRISHNAN, THE LD. REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE REPRESENTATIVE FOR THE ASSESSEE SHRI N.S. SRIRAM UNDERWENT A SURGERY. THEREFORE, HE COULD NOT APPEAR BEFORE THE ASSESSING OFFICER. THEREFORE, THE ASSESSEE HAS NO OCCASION TO REPRESENT THE MATTER BEFORE THE CIT(A). THE CIT(A) HAS SIMPLY REPRODUCED THE ASSESSMENT ORDER AND OBSERVED THAT HE CONCURRED WITH THE FINDING OF THE ASSESSING OFFICER. THEREFORE, THE LD. REPRESENTATIVE SUBMITTED THAT THE MATTER MAY BE REMITTED BACK TO THE CIT(A) FOR RECONSIDERATION ON MERIT. 3. WE HEARD SHRI S. BHARATH, THE LD. DEPARTMENTAL REPRESENTATIVE ALSO. THE LD.DR VERY FAIRLY SUBMITTED THAT SINCE THE ASSESSEE FAILED TO APPEAR BEFORE THE CIT(A), THE CIT(A) AFTER REPRODUCING THE FINDINGS RECORDED BY THE ASSESSING OFFICER FOUND THAT HE CONCURRED WITH THE FINDINGS OF THE ASSESSING OFFICER. THEREFORE, THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE CIT(A) FOR RECONSIDERATION ON MERIT. 4. HAVING HEARD THE LD. REPRESENTATIVE FOR THE ASSESSEE AND THE LD.DR, THIS TRIBUNAL FINDS THAT SHRI N.S. SRIRAM, THE LD. REPRESENTATIVE FOR THE ASSESSEE UNDERWENT A SURGERY. THEREFORE, HE COULD NOT 3 I.T.A. NOS. 1530 & 1531/CHNY/2019 REPRESENT THE CASE BEFORE THE CIT(A). THE CIT(A) THEREFORE FOUND THAT THE ASSESSEE WAS NO MORE INTERESTED IN PURSUING THE APPEAL. ACCORDINGLY HE REPRODUCED THE FINDINGS OF THE ASSESSING OFFICER AND CONCURRED WITH THE FINDINGS RECORDED BY THE ASSESSING OFFICER. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT U/S.251 OF THE ACT, THE CIT(A) IS EXPECTED TO RE-APPRECIATE THE MATERIAL AVAILABLE ON RECORD AND DISPOSE THE APPEAL ON MERIT BY A SPEAKING ORDER. THE CIT(A) HAS TO RECORD HIS OWN REASON FOR THE CONCLUSION REACHED IN THE FIRST APPELLATE ORDER. MOREOVER SINCE SHRI N.S. SRIRAM, THE LD. REPRESENTATIVE FOR THE ASSESSEE ADMITTEDLY UNDERWENT A SURGERY, GIVING ONE MORE OPPORTUNITY TO THE ASSESSEE TO ARGUE THE MATTER BEFORE THE CIT(A) MAY NOT PREJUDICE THE INTEREST OF THE REVENUE IN ANY WAY. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT GIVING AN OPPORTUNITY TO THE ASSESSEE WOULD DEFINITELY PROMOTE THE CAUSE OF JUSTICE. ACCORDINGLY THE ORDER OF THE CIT(A) IS SET ASIDE AND THE ENTIRE ISSUE RAISED BY THE ASSESSEE IS REMITTED BACK TO THE FILE OF THE CIT(A). THE CIT(A) SHALL RE-EXAMINE THE ENTIRE ISSUES RAISED BY THE ASSESSEE AFRESH AND DECIDE THE SAME IN ACCORDANCE WITH LAW, AFTER GIVING A REASONABLE OPPORTUNITY TO THE ASSESSEE. THUS NEEDLESS TO MENTION THAT CIT(A) SHALL PASS A SPEAKING ORDER BY RECORDING HIS OWN REASONS 4 I.T.A. NOS. 1530 & 1531/CHNY/2019 FOR CONCLUSION REACHED IN HIS ORDER. WITH THE ABOVE OBSERVATION, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE STAND ALLOWED. ORDER PRONOUNCED IN THE COURT ON 19 TH FEBRUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER /CHENNAI, /DATED, THE 19 TH FEBRUARY, 2020. RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF