Sri.Aju Abdurahiman, Calicut V. The ITO, Calicut

MA 09/COCH/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6183 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 22-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M V RUDRAN ADCIT
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM M.P. NO S . 09 & 010 /COCH/201 8 (ARSG. OUT OF I.T.A. NOS.400 & 401/COCH/2015) ( ASSESSMENT YEAR S : 2007 - 08 & 2008 - 09 ) SHRI AJU ABDURAHIM, GREENS FEROKE PETTA, CALICUT. [PAN : AFDPA 2400E] VS. THE ITO, WARD - 1(1), KOZHIKODE. (AS SESSEE - APPELLANT) (REVENUE - RESPONDENT) ASSESSEE BY SHRI SHAMEEM AHMED, ADV. REVENUE BY SHRI M.V. RUDRAN , ADCIT, SR. DR DATE OF HEARING 16 / 0 3 /2018 DATE OF PRONOUNCEMENT 16 / 0 3 /2018 O R D E R PER GEORGE GEORGE K.,JUDICIAL MEMBER: THESE TWO MISCELLANEOUS APPLICATIONS U/S. 254(2) OF THE INCOME-TAX ACT, 1961 HAS BEEN PREFERRED BY THE ASSESSEE PRAYING FOR THE RECALLING OF THE EXPARTE ORDER OF THE TRIBUNAL DATED 07/06/2017 PASSED IN ITA NO.4 00 & 401/COCH/2015 FOR THE ASSESSMENT YEARS 2007-08 & 2008-09. M.P. N OS.09&10/COCH/2018 2 2. THE ASSESSEE VIDE THE PRESENT MISCELLANEOUS APPL ICATIONS SUBMITTED THAT THE TRIBUNAL HAD DISMISSED THE APPEALS OF THE ASSES SEE IN LIMINE FOR WANT OF PROSECUTION. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS PREVENTED BY REASONABLE CAUSE FOR APPEARANCE BE FORE THE TRIBUNAL ON THE DATE OF HEARING. UNDER THESE CIRCUMSTANCES AND IN T HE LIGHT OF THE SUBMISSION MADE THROUGH THIS PETITION, THE ASSESSEE PRAYED FOR THE CANCELLATION OF THE ORDER DISMISSING THE APPEALS AND FURTHER PRAYED FOR THE R ESTORATION OF THE APPEALS. 3. WE ALSO HEARD THE LD. DR IN THIS REGARD. HAVING REGARD TO THE SUBMISSIONS MADE BEFORE US, WE ARE OF THE VIEW THAT THERE WAS S UFFICIENT CAUSE FOR THE ASSESSEE FOR NOT APPEARING BEFORE THE BENCH ON THE DATE OF HEARING. ACCORDINGLY, IN EXERCISE OF THE POWER VESTED UPON T HE BENCH UNDER RULE 24 AND RULE 25 OF THE APPELLATE TRIBUNAL RULES, WE RECALL THE ORDER DATED 07/06/2017 ABOVE AND DIRECT THE REGISTRY TO POST THE APPEAL FO R FINAL HEARING ON 09/04/2018 SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THE REGISTRY NEED NOT SEND SEPARATE NO TICE OF HEARING TO THEM, I.E., THE PRESENT ORDER SHALL ALSO BE CONSTRUED AS NOTICE OF HEARING, WHICH MAY BE TAKEN NOTE OF BY BOTH THE PARTIES. WE ALSO DIRECT T HE ASSESSEE TO APPEAR BEFORE THE TRIBUNAL ON THE DATE OF HEARING AND NOT TO SEEK ADJOURNMENT WITHOUT REASONABLE CAUSE. M.P. N OS.09&10/COCH/2018 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE ASSESSEES ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2018. SD/- SD/- (CHANDRA POOJARI) (GEO RGE GEORGE K.) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: KOCHI DATED: 16 TH MARCH, 2018 GJ COPY TO: 1. SHRI AJU ABDURAHIM, GREENS FEROKE PETTA, CALIC UT. 2. THE INCOME TAX OFFICER, WARD-1(1), KOZHIKODE. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS),KOZHIKOD E. 4. THE PR. COMMISSIONER OF INCOME-TAX, KOZHIKODE. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRA R) I.T.A.T. , COCHIN