SHACHIHATA (I) PVT LTD, THIRUVALLUR V. DRP-2, , BENGALURU

ITTPA 75/CHNY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2573 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 22 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 19-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 27-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M SRINIVASA RAO CIT

Judgement Text

, (TP) , IN THE INCOME TAX APPELLATE TRIBUNAL D/TPC BENCH: CHENNAI , , ( BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ IT(TP)A NO.75/CHNY/2018 /ASSESSMENT YEAR: 2014-15 M/S.SHACHIHATA (INDIA) PVT LTD ., SURVEY NO.1092/126, VILLAGE VISWANATHAPURAM, PERAMAKKAM ROAD,POST ULANDHAI, THIRUVALLUR DISTRICT, 602 105. VS. DISPUTE RESOLUTION PANEL-2, A-WING,4 TH FLOOR, KENDRIYA SADAN,KORAMANGALA, BENGALURU 560 034. [ PAN: AABCA 6565 E ] ( * /APPELLANT) ( +,* /RESPONDENT) * - / APPELLANT BY : NONE +,* - /RESPONDENT BY : MR.M.SRINIVASA RAO,C.I.T.,D.R - /DATE OF HEARING : 19.08.2019 - /DATE OF PRONOUNCEMENT : 19.08.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE DISPUTE RESOLUTION PANEL-2, BANGALURU IN F.NO.84/DR P-2/BANG/2017-18 IT(TP)A NO.75/CHNY/2018 :- 2 -: DATED 20.09.2018 FOR THE ASSESSMENT YEAR 2014-15. 2. NONE REPRESENTED ON BEHALF OF THE ASSESSEE, AND MR.M.SRINIVASA RAO REPRESENTED ON BEHALF OF THE REVENUE. 3. AT THE TIME OF HEARING, THE ASSESSEE HAS FILED AN ADJOURNMENT APPLICATION. THE APPEAL HAS BEEN FILED BY THE ASSES SEE ON 27.11.2018. DEFECT NOTICE DATED 22.12.2018 HAS BEEN ISSUED TO T HE ASSESSEE INTIMATING FOLLOWING SIX DEFECTS. I) OBJECTIONS FILED BEFORE DRP U/S.144C(2) NOT FIL ED. II) DRAFT ASSESSMENT ORDER U/S.144C NOT FILED IN D UPLICATE. III) DRAT ASSESSMENT ORDER U/S.143(3)/92CA NOT FI LED/NOT FILED IN DUPLICATE. IV) FORM 35A NOT FILED. V) ORDER U/S.92CA OF THE ACT NOT FILED/NOT FILED I N DUPLICATE. VI) ASSESSMENT ORDER U/S.143(3)/92CA(4) NOT FILED. THE APPEAL HAS BEEN POSTED FOR HEARING ON 02.05.201 9 ON WHICH DATE THE ADJOURNMENT WAS SOUGHT VIDE A LETTER DATED 29.04.20 19. THE APPEAL WAS ADJOURNED TO 19.08.2019. DEFECTS HAVE NOT YET BEEN CURED. CONSEQUENTLY, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED F OR DEFECTS AS UN-ADMITTED IN LINE WITH THE PRINCIPLES LAID DOWN B Y THE HONBLE IT(TP)A NO.75/CHNY/2018 :- 3 -: JURISDICTIONAL HIGH COURT IN THE CASE OF PRASAD PRODUCTIONS P. LTD. VS. INCOME-TAX APPELLATE TRIBUNAL [1997] 226 ITR 778 ( MAD) 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMIS SED IN LIMINIE ON ACCOUNT OF DEFECTS UNCURED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSIO N OF HEARING ON THE 19 TH DAY OF AUGUST, 2019 IN CHENNAI. SD/- SD/- ( ) ( INTURI RAMA RAO ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER /CHENNAI, 4 /DATED: 19 TH AUGUST, 2019. K S SUNDARAM - +56 76 /COPY TO: 1. * /APPELLANT 4. 8 /CIT 2. +,* /RESPONDENT 5. 6 + /DR 3. 8 ( ) /CIT(A) 6. /GF