M/s. Presidency Kid Leather P. Ltd., CHENNAI V. ACIT, CHENNAI

ITA 1889/CHNY/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 64190 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 23-08-2012
• Assessment Year: 1999-2000
• Appeal Filed On: 22-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SHUKLA IRS
• Assessee Lawyers: S SRIDHAR
• Section: 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH CHENNAI BEFORE DR. O. K. NARAYANAN, VICE PRESIDENT AND SHRI V. DURGA RAO, JUDICIAL MEMBER .. ITA NOS. 92/MDS/2010 & 1889/MDS/2011 ASSESSMENT YEAR: 1999-2000 M/S. PRESIDENCY KID LEATHER LTD., NO. 2165, L BLOCK, 1 ST STREET, 12 TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040. (PAN : AAACP1952D) V. THE INCOME TAX OFFICER, COMPANY CIRCLE-V(2), CHENNAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S. SRIDHAR, ADVOCATE RESPONDENT BY : MS. ANUPAMA SHUKLA, IRS CIT DATE OF HEARING : 23.0 8.2012 DATE OF PRONOUNCEMENT : 23.08.201 2 O R D E R PER V. DURGA RAO, JUDICIAL MEMBER ITA NO. 92/MDS/2010 : THIS APPEAL FILED BY THE ASSESSEE IS DELAYED BY 237 DAYS. THE ASSESSEE HAS NOT FILED AN Y APPLICATION REQUESTING FOR CONDONATION OF THE DELAY. HOWEVER, AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMI TTED THAT HE IS ITA NOS.92/MDS/2010 & 1889/MDS/2011 2 NOT PRESSING THE APPEAL. WE THEREFORE DISMISS THIS APPEAL AS NOT PRESSED. 2. ITA NO. 1889/MDS/2011 : AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE LEARNED CIT(APPEALS) DISMISSED THE APPEAL OF THE ASSESSEE BY APPLYING TH E DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA P. LTD. (38 ITD 320) (DELHI). HE SUBMITTED THAT ONE MORE OPPORTUNITY BE GIVEN TO THE ASSESSEE IN THE INTEREST OF JUSTICE. THE LEARNED DR SUPPORTED THE ORDER OF THE LEARNED CIT(APPEALS). 3. WE HAVE HEARD BOTH THE SIDES, PERUSED THE RECORD S AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. THE L EARNED CIT(APPEALS) HAS GIVEN OPPORTUNITY TO THE ASSESSEE TO APPEAR AND SUBMIT ALL THE DETAILS RELATING TO THE ISSUE INVOLV ED IN THIS APPEAL. HOWEVER, THE ASSESSEE COULD NOT APPEAR FOR VARIOUS REASONS. ULTIMATELY, THE LEARNED CIT(APPEALS) BY APPLYING TH E DECISION IN THE CASE OF MULTIPLAN INDIA (P) LTD. (SUPRA) DISMISSED THE APPEAL OF THE ASSESSEE. IN OUR OPINION, THE CIT(A) CANNOT APPLY THE DECISION IN THE CASE OF MULTIPLAN INDIA (P) LTD. (SUPRA) AND DISMIS S THE APPEAL. IN THE INTEREST OF JUSTICE, ONE MORE OPPORTUNITY MAY N ECESSARILY BE GIVEN TO THE ASSESSEE. WE THEREFORE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(APPEALS) AND REMIT THE MATTER BACK TO THE FILE OF THE ITA NOS.92/MDS/2010 & 1889/MDS/2011 3 LEARNED CIT(APPEALS) WITH A DIRECTION TO DECIDE THE ISSUE AFRESH AFTER GIVING THE ASSESSEE A REASONABLE OPPORTUNITY OF BEI NG HEARD. 4. IN THE RESULT, ITA NO. 92/MDS/2010 IS DISMISSED AS NOT PRESSED AND ITA NO. 1889/MDS/2011 IS ALLOWED FOR STATISTICA L PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 23 RD OF AUGUST, 2012 AT CHENNAI. SD/- SD/- (DR. O. K. NARAYANAN) ( V.DURGA RAO ) VICE PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 23 RD AUGUST, 2012. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE