M/s Medigas Systems , Bangalore V. The Assistant Commissioner of Income Tax Circle-3(2)(1), Bangalore

ITA 2154/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6021 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 10-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KARUPPUSAMY S R
• Assessee Lawyers: S V RAVISHANKAR
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE T RIBUNAL BANGALORE BENCH SMC-A, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO. 2154 (BANG) 2018 (ASSESSMENT YEAR : 2014 15) M/S. MEDIGAS SYSTEMS, NO. 725, 4 TH MAIN, 2 ND PHASE, 5 TH STAGE, BEML LAYOUT, RAJARAJESWARI NAGAR, BANGALORE 560098. PAN. AAQFM5545G APPELLANT VS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3 (2)(1), BANGALORE. RESPONDENT ASSESSEE BY : SHRI S. V. RAVISHANKAR, ADVOCATE REVENUE BY : SHRI KARUPPUSAMY S. R., ADDL. CIT (DR) DATE OF HEARING : 02-08-2018 DATE OF PRONOUNCEMENT : 03-08-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE AND IT IS DIRE CTED AGAINST THE ORDER OF CIT (A) 3 BANGALORE DATED 11.05.2018 FOR A. Y. 20 14 15. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEAR NED AR OF THE ASSESSEE THAT IN THE IMPUGNED ORDER WAS PASSED BY CIT (A), BY DISMIS SING THE APPEAL OF THE ASSESSEE WITHOUT CONDONING THE DELAY OF 228 DAYS IN FILING THE APPEAL BEFORE CIT (A). REGARDING THE REASONS FOR DELAY IN FILING THE APPEAL BEFORE CIT (A), HE SUBMITTED THAT THE APPLICATION FOR CONDONATION OF D ELAY FILED BEFORE CIT (A) IS AVAILABLE ON PAGES 1 TO 4 OF THE PAPER BOOK. HE POI NTED OUT THAT IT WAS SUBMITTED THAT UPON CONSULTATION WITH THE AR OF THE ASSESSEE, THE ASSESSEE LOCATED THE PARTNERSHIP DEED AND PREFERRED A RECTIF ICATION PETITION DATED 08.02.2017 FILED ON 09.02.2017 AND AFTER RECEIPT OF THE ORDER U/S 154 ON 29.08.2017, THE APPEAL WAS FILED BEFORE CIT (A) ON 07.09.2017. HE SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE DELAY SHOULD B E CONDONED AND THE APPEAL ITA NO. 2154(BANG)2018 2 SHOULD BE DECIDED ON MERIT. LEARNED DR OF THE REVEN UE SUPPORTED THE ORDER OF CIT (A). 3. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND I FI ND FORCE IN THE SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE. IN THE INTEREST OF JUSTICE, I CONDONE THE DELAY IN FILING THE APPEAL BEFORE CIT (A) AND RESTORE THE MA TTER TO CIT (A) FOR A DECISION ON MERIT AFTER PROVIDING ADEQUATE OPPORTUNITY OF BE ING HEARD TO BOTH SIDES. IN VIEW OF THIS DECISION, NO ADJUDICATION ON MERIT IS CALLED FOR AT THE PRESENT STAGE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- (A. K. GARODIA) ACCOUNTANT MEMBER BANGALORE, DATED: 03.08.2018. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.