Kiran Modi, Ranchi V. ITO,Ward-1(5), Ranchi

MA 08/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4277 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 17-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N S KHALKHO
• Assessee Lawyers: KUMAR VAIBHAV; ADITYA SHAH
• Keywords: Capital Gains
• Section: 254(2); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI, E COURT, AT KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI S.S. GODAR A, JM MA NO. 08/RAN/2019 (ARISING OUT OF ./ITA NO.218/RAN/2018) ( / ASSESSMENT YEAR:2012-13) KIRAN MODI RUKMINI CENTRE, UPPER BAZAR, RANCHI-834001 VS. ITO, WARD-1(5), RANCHI ./ ./PAN/GIR NO.: ADXPM 9287 D (APPELLANT / ASSESSEE) .. (RESPONDENT) APPELLANT BY : SHRI KUMAR VAIBHAV, ADVOCATE & SH RI ADITYA SHAH, FCA RESPONDENT BY : SHRI N. S. KHALKHO, JCIT / DATE OF HEARING : 04/09/2020 /DATE OF PRONOUNCEMENT : 21/10/2020 / O R D E R PER SHRI S. S. GODARA, JM: THIS MISCELLANEOUS APPLICATION FILED U/S 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) SEEKS TO RECALL THE TRIBU NALS ORDER DATED 08.04.2019 DISMISSING THE MAIN APPEAL ITA NO. 218/RAN/2018 FOR NON-PROSECUTION ON ACCOUNT OF NON-APPEARANCE OF ITS AUTHORIZED REPRESENTATIVE . HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. LEARNED AUTHORIZED REPRESENTATIVES ONLY CASE DU RING THE COURSE OF HEARING IS THAT HE HAD DULY PUT IN APPEARANCE IN THE MAIN CASE HEARING ON 11.11.2019 AND FILED A DETAILED PAPER BOOK RUNNING INTO 127 PAGES DATED 10.01.2019 AS WELL AS IN SUPPORT OF CORRESPONDING SUBSTANTIVE GROUND(S) CHAL LENGING BOTH THE LOWER AUTHORITIES ACTION ADDING LONG TERM CAPITAL GAINS OF RS. 8,93,188/-. HE FURTHER MA NO. 08/RAN/2019 KIRAN MODI A.Y.: 2012-13 PAGE | PAGE | PAGE | PAGE | 2 22 2 INVITED OUR ATTENTION TO THE ASSESSEES PLEADINGS T O THIS EFFECT WHEREAS THE TRIBUNALS ORDER HAS WRONGLY DISMISSED THE MAIN APP EAL ON ACCOUNT OF NON- PROSECUTION AND THAT TOO, WITHOUT DEALING WITH MERI TS OF THE ISSUE (S) RAISED THEREIN. THE REVENUE IS VERY FAIR IN NOT DISPUTING THE CLINC HING FACT THAT LEARNED AUTHORIZED REPRESENTATIVE HAD DULY APPEARED IN MAIN APPEAL HEA RING. FACED WITH THIS SITUATION AND MORE PARTICULARLY IN VIEW OF THE FACT THAT OUR ORDER DATED 08.04.2019 HAS NOT DECIDED THE ASSESSEES GRIEVANCE ON MERITS, WE REC ALL OUR SAID ORDER AND DIRECT THE REGISTRY TO FIX THE MAIN APPEAL ITA NO. 218/RAN/201 8 FOR AFRESH HEARING AFTER PRIOR INTIMATION TO BOTH THE PARTIES. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS ALL OWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE COURT ON 21.10.2020 SD/- (J.SUDHAKAR REDDY) SD/- (S.S.GODARA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /KOLKATA; / DATE: 21/10/2020 SB, SR.PS COPY OF THE ORDER FORWARDED TO: 1. KIRAN MODI 2. ITO, WARD-1(5), RANCHI 3. C.I.T(A)- 4. C.I.T.- RANCHI 5. CIT(DR), RANCHI BENCH, RANCHI . 6. GUARD FILE. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY ITAT, KOLKATA BENCHES MA NO. 08/RAN/2019 KIRAN MODI A.Y.: 2012-13 PAGE | PAGE | PAGE | PAGE | 3 33 3