M/s. Jalaram Corporation, Surat V. The ACIT, Central Circle-3, Surat

MA 1/AHD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1779 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-04-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-04-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 02-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: SAPNESH R SHETH AR
• Keywords: Reasonable cause

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , , , , . .. . . . . . , , , , !' ! # !' ! # !' ! # !' ! # BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO. 01/AHD/2014 (ARISING OUT OF IT(SS)A NO. 204/AHD/2009, AY 2005-0 6) M/S JALARAM CORPORATION AP/7, ABHISHEK ESTATE, OLD POWER HOUSE, TAL VYARA, DIST. TAPI (SURAT). PAN: AAEFJ3445Q ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3 SURAT. APPELLANT RESPONDENT REVENUE BY : SHRI P.L. KUREEL, DR ASSESSEE(S) BY : SH. SAPNESH R. SHETH, AR $ % &'/ // / DATE OF HEARING : 04/04/2014 ()* % &' / DATE OF PRONOUNCEMENT: 04/04/2014 !+ !+ !+ !+/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSE SSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 08.06.2011 PASSED IN ITT(SS)A NO. 204/AHD/2009 FOR ASSESSMENT YEAR 2005- 06. 2. IN THIS MISCELLANEOUS PETITION, THE ASSESSEE HA S SUBMITTED THAT THE ASSESSEE PARTNERSHIP FIRM CONSIS TED OF TWO PARTNERS NAMELY SH. MUKUND MAGANBHAI BHAKTA AND SH. HITENDRA SHIVPRASAD UPADHYAY. THE PARTNERSHIP FIRM WAS DISS OLVED ON 26.06.2006 BY EXECUTING A DISSOLUTION DEED AND SH. MUKUND MAGANBHAI BHAKTA TOOK OVER THE ENTIRE BUSINESS OF T HE ASSESSEE AS A RUNNING CONCERN IN THE NAME AND STYLE OF M/S JALA RAM CORPORATION MA NO. 01/AHD/2014 IN IT(SS)A NO. 204/AHD/2009 M/S JALARAM CORPORATION VS ACIT, C.C.-3, SURAT AY 2005-06 - 2 - WITH EFFECT FROM 31.03.2006. UNFORTUNATELY, SH. MUK UND MAGANBHAI BHAKTA SUFFERED FROM CANCER AND ULTIMATELY SUCCUMBE D TO DEATH ON 13.07.2012. THEREFORE, THE ASSESSEE WAS UNABLE TO COMPLY WITH THE NOTICE OF HEARING OF THE TRIBUNAL ON 08.06.2012 . IN THE CIRCUMSTANCES, IT IS PRAYED BY THE ASSESSEE TO RECA LL THE ORDER DATED 08.06.2011 AND HEAR THE APPEAL OF THE ASSESSEE ON M ERITS. 3. THE LD. DR HAD NO OBJECTION IN RECALLING THE OR DER OF THE TRIBUNAL DATED 08.06.2011 AND HEARING THE SAME ON M ERITS. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PER USING THE MATERIAL AVAILABLE ON RECORD, WE FIND THAT THERE WA S REASONABLE CAUSE FOR THE ASSESSEE TO NOT TO BE PRESENT ON THE DATE OF HEARING FIXED BY THE TRIBUNAL ON 08.06.2011. THEREFORE, IN THE INTEREST OF SUBSTANTIAL JUSTICE, WE RECALL OUR ORDER DATED 08.0 6.2011 PASSED IN IT(SS)A NO. 204/AHD/2009 IN ASSESSMENT YEAR 2005-06 AND RESTORE THE APPEAL BACK TO ITS ORIGINAL NUMBER. TH E DATE OF HEARING OF THE APPEAL WAS FIXED ON 04.06.2014 WITH THE CONS ENT OF BOTH THE PARTIES. AS THE DATE OF HEARING OF APPEAL WAS ANNO UNCED IN THE COURT AT THE TIME OF THE HEARING OF THE MISCELLANEO US PETITION, ISSUE OF NOTICE OF HEARING IS DISPENSED WITH. 5. IN THE RESULT, MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 4 TH OF APRIL, 2014 AT AHMEDABAD. SD/- SD/- (MUKUL KR. SHRAWAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 04/04/2014 GHANSHYAM MAURYA, SR. P.S.