Imerys Ceramics (India) Pvt.Ltd., Hyd, Hyderabad V. ACIT, Circle-2(1), Hyderabad, Hyderabad

ITA 71/HYD/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6635 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 18-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Assessee Lawyers: K C DEVADAS

Judgement Text

ITA NO 71 OF 2016 IMERYS CERAMICS INDIA P LTD HYDER ABAD PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI P.MADHAVI DEVI, JUDICIAL MEMBER & SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.71/HYD/2016 (ASSESSMENT YEAR: 2008-09) M/S IMERYS CERAMICS (INDIA) PVT. LTD 1-11-246/4F & 1-11-246/D BEGUMPET, HYDERABAD PAN: AAACJ 7424 Q VS. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 2(1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K.C. DEVADAS FOR REVENUE : SHRI M. SITARAM, DR DATE OF HEARING : 19.04.2016 DATE OF PRONOUNCEMENT : 29 .04.2016 O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2008-09. IN T HIS APPEAL, THE ASSESSEE IS AGGRIEVED BY THE ORDER OF T HE CIT (A) IN DISMISSING THE ASSESSEES APPEAL AS UNSUSTAINABLE O N THE GROUND THAT THE ASSESSEE DID NOT ATTEND ANY OF THE HEARING DATES AND HAS NOT FILED ANY EVIDENCE REBUTTING THE CONCLUSION DRA WN BY THE AO. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THOUGH INITIALLY WHEN THE DATE OF HE ARING WAS FIXED, THE ASSESSEE DID NOT APPEAR, BUT THE ASSESSE E HAD APPEARED ON THE SUBSEQUENT DATE OF HEARING AND HAD REQUESTED FOR ADJOURNMENT WHICH WAS CONSIDERED AND ALLOWED BY THE CIT (A). HE SUBMITTED THAT THE ASSESSEE HAD FILED ALL T HE DETAILS IN A VOLUMINOUS PAPER BOOK, BUT THE CIT (A) HAS ERRONEOU SLY HELD THAT THE ASSESSEE HAS NOT FURNISHED ANY DETAILS OR THE MATERIAL WITH REGARD TO THE ISSUES RAISED IN THE APPEAL. THE REFORE, ITA NO 71 OF 2016 IMERYS CERAMICS INDIA P LTD HYDER ABAD PAGE 2 OF 3 ACCORDING TO HIM, THE ASSESSEES APPEAL HAS BEEN RE JECTED WITHOUT PROPER APPRECIATION OF THE FACTS AND MATERI ALS BEFORE HIM. 2. THE LEARNED DR HOWEVER, SUPPORTED THE ORDERS OF THE CIT (A). 3. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, WE FIND THAT THE ASSESSEE HAS BEEN VIGILANT IN PURSUING ITS APPEAL AND HAS ALSO RAISED ITS OBJECTIONS BEFOR E THE CIT (A) WITHIN THE SPECIFIED PERIOD. THE CIT (A), THOUGH DI SCUSSED THE ISSUE ON MERIT, BUT HAS DISMISSED THE SAME HOLDING THAT THE ASSESSEE HAS NOT FURNISHED ANY EVIDENCE REBUTTING T HE CONCLUSIONS DRAWN BY THE AO. TAKING THE OVERALL PIC TURE INTO CONSIDERATION AND IN THE INTEREST OF JUSTICE, WE DE EM IT FIT AND PROPER TO SET ASIDE THE ORDER OF THE CIT (A) AND RE MAND THE ISSUE TO HIS FILE FOR RECONSIDERATION IN ACCORDANCE WITH THE LAW AFTER CONSIDERING IN DETAIL THE MATERIAL FILED BY THE ASS ESSEE BEFORE HIM. THE ASSESSEE SHALL BE GIVEN A FAIR OPPORTUNITY OF HEARING AND THE ASSESSEE SHALL ALSO COOPERATE WITH THE CIT (A) FOR AN EARLY DISPOSAL OF THE APPEAL. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH APRIL, 2016. S D/ - S D/ - (S. RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED APRIL, 2016. ITA NO 71 OF 2016 IMERYS CERAMICS INDIA P LTD HYDER ABAD PAGE 3 OF 3 VNODAN/SPS COPY TO: 1. IMERYS CERAMICS (INDIA) PVT. LT. SURYA ARCADE, 4 TH FLOOR, 1- 11-247/AF & 1-11-247/D, NEAR INDIAN PETROL PUMP, BEGUMPET, HYDERABAD 500016 2. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 2(1) AAYA KAR BHAVAN, HYDERABAD 3. CIT(A) -2 HYDERABAD 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX,-II HYDERA BAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER