M/s/ IBs Software P. Ltd, Trivandrum V. The ACIT, Trivandrum

ITTPA 5/COCH/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4986 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 14-03-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 25-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHANTHAM BOSE
• Keywords: Opportunity of being heard; Principle of natural justice
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri George Mathan, JM & Shri M. Balaganesh, AM IT(TP)A Nos. 04 & 05/Coch/2020 (Assessment Years: 2013-14 & 2014-15) M/s. IBS Software Services Ltd. 521-524, NILA, Technopark Campus, Karyavottam P.O. Trivandrum 695581 Vs. ACIT, Circle - 1(1) Trivandrum PAN – AADCI5529A Appellant Respondent Appellant by: Shri Raja Kannan, Advocate Respondent by: Shri Shantham Bose, CIT-DR Date of Hearing: 15.03.2022 Date of Pronouncement: 15.03.2022 O R D E R Per: Bench These are appeals filed by the assessee against the orders of the Assessing Officer passed under Section 154 of Income Tax Act, 1961 for assessment years 2013-14 & 2014-15. 2. Shri Raja Kannan, Advocate represented the assessee and Shri Shantham Bose, CIT-DR represented Revenue. 3. It was submitted by the learned A.R. that an order under Section 154 of the Act dated 22.01.2020 has been passed against the assessee denying the benefit of MAT credit. It was the submission that opportunity of being heard was not granted to the assessee. It was submitted that the issue may be restored to the file of the Assessing Officer for readjudication de novo after granting the assessee adequate opportunity of being heard. IT(TP)A Nos. 04 & 05/Coch/2020 M/s. IBS Software Services Ltd. 2 4. In reply the learned D.R. vehemently supported the order of the Assessing Officer. It was the submission that opportunity of hearing was granted to the assessee but was not utilised by the assessee. 5. We have considered the rival contentions. Opportunity of being heard implies effective opportunity of being heard. As it is noticed that the assessee has not been granted adequate opportunity of being heard, in the interest of natural justice the issue in the appeals are restored to the file of the Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard. 6. In the result, the appeals filed by the assessee are partly allowed for statistical purposes. Dictated and pronounced in the open Court on 15 th March, 2022. Sd/- Sd/- (M. Balaganesh) (George Mathan) Accountant Member Judicial Member Cochin, Dated: 15 th March, 2022 Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) -concerned 4. The Pr.CIT - concerned 5. The DR, ITAT, Cochin 6. Guard File By Order //True Copy// Assistant Registrar ITAT, Cochin n.p.