Thayer Overseas Finance Ltd., CHENNAI V. ACIT, CHENNAI

ITA 666/CHNY/2015

• Counselvise Citation: 66621714 RSA 2015
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 31-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: G BASKAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , . !'# ! , % !& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NO.666/MDS/2015 ( )( / ASSESSMENT YEAR : 2010-11 M/S THAYER OVERSEAS FINANCE LTD., NO.2, JAYARAM AVENUE, SHASTRI NAGAR, CHENNAI - 600 020. PAN : AAACT 5591 J V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 3, CHENNAI - 600 034. (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SHRI G. BASKAR, ADVOCATE -.+, / 0 / RESPONDENT BY : SHRI N. MADHAVAN, JCIT 1 / 2% / DATE OF HEARING : 25.05.2015 3') / 2% / DATE OF PRONOUNCEMENT : 19.06.2015 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 11, DAT ED 20.02.2015 AND PERTAINS TO ASSESSMENT YEAR 2010-11. 2 I.T.A. NO.666/MDS/2015 2. SHRI G. BASKAR, THE LD.COUNSEL AFOR THE ASSESSEE , SUBMITTED THAT THE CIT(APPEALS) DISMISSED THE CASE FOR NON-PR OSECUTION. ACCORDING TO THE LD. COUNSEL, THE CIT(APPEALS) HAS NO POWER TO DISMISS THE APPEAL. ACCORDING TO THE LD. COUNSEL, THE CIT(APPEALS) IS EXPECTED TO DISPOSE THE APPEAL ON MERIT ON THE G ROUND THE APPEAL RAISED BEFORE HIM. THE LD. COUNSEL FURTHER SUBMITT ED THAT ONE MORE OPPORTUNITY BE GIVEN TO THE ASSESSEE TO PRESENT THE MATERIAL FACTS BEFORE THE CIT(APPEALS) SO AS TO ENABLE HIM TO DISP OSE THE APPEAL ON MERIT. 3. ON THE CONTRARY, SHRI N. MADHAVAN, THE LD. DEPAR TMENTAL REPRESENTATIVE, SUBMITTED THAT INSPITE OF PROVIDING SUFFICIENT OPPORTUNITY, THE ASSESSEE DID NOT APPEAR BEFORE THE CIT(APPEALS). THEREFORE, THE CIT(APPEALS) HAD NO OTHER ALTERNATIV E EXCEPT TO DISMISS THE APPEAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL ON RECORD. THE CIT(A PPEALS) BY FOLLOWING THE JUDGEMENT OF M.P. HIGH COURT IN ESTAT E OF LATE TUKOJIRAO HOLKAR V. CIT (223 ITR 480) AND THE DECIS ION OF DELHI BENCH OF THIS TRIBUNAL IN CIT V. MULTIPLAN (INDIA) PVT. LTD. (38 ITD 320), DISMISSED THE APPEAL FOR NON-PROSECUTION. IN THE CASE BEFORE 3 I.T.A. NO.666/MDS/2015 M.P. HIGH COURT, THE REFERENCE WAS DISMISSED. IN T HE CASE BEFORE THE DELHI BENCH OF THIS TRIBUNAL IN MULTIPLAN (INDI A) PVT. LTD. (SUPRA), THE CASE WAS NOT ADMITTED BECAUSE OF THE DEFECT POI NTED OUT BY THE REGISTRY. THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT THE JUDGEMENT OF M.P. HIGH COURT AND THE DECISION OF DE LHI BENCH OF THIS TRIBUNAL ARE NOT APPLICABLE TO THE FACTS OF TH IS CASE. THE CIT(APPEALS) HAS NOT POINTED OUT ANY DEFECT IN THE CASE BEFORE HIM. ONCE THE APPEAL IS VALIDLY PENDING BEFORE HIM, THE CIT(APPEALS) IS EXPECTED TO DISPOSE ON MERIT IRRESPECTIVE OF THE FA CT THAT THE ASSESSEE APPEARED BEFORE HIM. THE CIT(APPEALS), BE ING THE SENIOR MOST OFFICER OF THE DEPARTMENT AND WELL VERSED IN I NCOME-TAX MATTERS, CAN DISPOSE THE APPEAL ON MERIT ON THE BAS IS OF THE MATERIAL AVAILABLE ON RECORD. EVEN OTHERWISE, INCOM E-TAX ACT DOES NOT ENABLE THE CIT(APPEALS) TO DISMISS THE APPEAL F OR NON- PROSECUTION. SINCE THE CIT(APPEALS) HAS NOT DISPOS ED THE APPEAL ON MERIT, THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THE MATTER NEEDS TO BE RECONSIDERED BY THE CIT(APPEALS) ON MER IT. ACCORDINGLY, THE ORDER OF THE CIT(APPEALS) IS SET A SIDE AND THE ENTIRE ISSUE RAISED BY THE ASSESSEE IS REMITTED BAC K TO HIS FILE WITH A DIRECTION TO DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW, AFTER GIVING REASONABLE OPPORTUNITY TO THE ASSESSEE. IT IS MADE CLEAR THAT IF THE ASSESSEE DOES NOT COOPERATE WITH HIM AFTER G IVING A 4 I.T.A. NO.666/MDS/2015 REASONABLE OPPORTUNITY, IT IS OPEN TO THE CIT(APPEA LS) TO DISPOSE OF THE APPEAL ON MERIT ON THE BASIS OF THE MATERIAL AV AILABLE ON RECORD. 5. WITH THE ABOVE OBSERVATION, THE APPEAL OF THE AS SESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 19 TH JUNE, 2015 AT CHENNAI. SD/- SD/- (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) (. !'# ! ) ( . . . ) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 19 TH JUNE, 2015. KRI. / -267 87)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 92 () /CIT(A)-11, CHENNAI-34 4. 1 92 /CIT, CHENNAI-3, CHENNAI-34 5. 7: -2 /DR 6. ( ; /GF.