Rajena Agro Products Pvt. Ltd., Patan V. The Dy.CIT, Patan Circle, Patan

MA 101/AHD/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7008 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 19-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S K SADHWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) M.A. NO: 101/AHD/2018 (IN ITA NO. 49/AHD/2015) (ASSESSMENT YEAR: 2010-11) RAJENA AGRO PRODUCTS PVT. LTD. C/O: M/S. RANGWALA & CO., 305, SAKAR-1, OPP. NEHRU BRIDGE, NAVRANGPURA, AHMEDABAD-380009 V/S THE DCIT, PATAN CIRCLE ROOM NO. 101/4, CHINMAY CORPORATE HOUSE, PATNA- DEESA HIGHWAY, PATAN, GUJARAT-384265 (APPELLANT) (RESPONDENT) PAN: AAACR9961Q APPELLANT BY : SHRI S. K. SADHWANI, AR RESPONDENT BY : SHRI MUDIT NAGPAL, SR. D.R. ( )/ ORDER DATE OF HEARING : 20 -07-201 8 DATE OF PRONOUNCEMENT : 06 -08-2018 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. BY VIRTUE OF THIS MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE U/S 254(2) OF THE ACT, THE ASSESSEE INTENDS TO RECALL THE IMPUGNE D EX PARTE ORDER DT. 02-01- 2018 PASSED BY THIS TRIBUNAL. M.A. NO 101/ AHD/2018 . A.Y. 2010-11 2 2. THE LD. AR BEFORE US SUBMITTED AS UNDER: 1. THE APPELLANT COMPANY FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- GANDHINAGAR, AHMEDABAD, VIDE APPEAL NO.CI T(A)/GNR/240/2013-14 DATED 08.10.2014 FOR THE ASSESSMENT YEAR (A Y) 2010-11. 2. THE LD. ITAT BENCH-D PASSED THE ORDER ON DT. 02 -01-2018 DISMISSING THE APPEAL, AS AT THE TIME OF HEARING NO ONE APPEARED ON BEHALF OF COMPAN Y NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED. 3. APPELLANT COMPANY APPROACH WITH A REQUEST TO RE STORE THE APPEAL IN VIEW OF FOLLOWING: THE ABOVE NOTED APPEAL WAS FIXED FOR HEARING ON 02. 01.2018. HOWEVER NONE ATTENDED, AS NOTICE OF HEARING WAS PLACED IN OUR HANDS SUBSEQUENT TO DATE OF HEARING FIXED ON 02-01-2018, AS POSSESSION OF FACTORY IS TAKEN OVER BY KOTAK MAHINDRA BANK. DU E TO FINANCIAL CRISIS, COMPANY DEFAULTED IN REPAYMENT OF BORROWING TAKEN FROM KOTAK MAHINDRA BA NK LIMITED. THE BANK HAS INITIATED LEGAL ACTION AND TOOK OVER THE ACTUAL POSSESSION OF THE U NIT AT SIDHPUR, DIST: PATAN. BANK HAS INVITED TENDERS FROM PUBLIC FOR SALE OF LAND BUILDING AND I MMOVABLE PROPERTIES CHARGED, UNDER SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEM ENT OF SECURITY INTEREST ACT, 2002. THE BANK HAS ISSUED THE AUCTION CUM LEGAL SALE NOTICE FOR REC OVER THE OUTSTANDING DUES AS PER THEIR RECORD, PUBLISHED IN INDIAN EXPRESS NEWS PAPERS ON DT. 02-1 2-2017. COPY ATTACHED. 4. COMPANY CAME TO KNOW ABOUT THE DISMISSAL OF AP PEAL ON RECEIPT OF ITAT DISMISSAL ORDER DT. 02-01-2018, BY SPEED POST ON DT.18-02-2018. 5. PLEASE NOTE DOWN OUR COMMUNICATION ADDRESS AS FO LLOWS: C/O: M/S. S. K. SADHWANI & CO, 307, LABH COMPLEX, SATTARTALUKA SOC., OPP. SAKAR-LLL, P.O. NAVJIVAN, AHMEDABAD-380014 6. KINDLY RE-CALL THE ITAT DISMISSAL ORDER DT.02-01 -2018 AND RESTORE THE APPEAL. 7. INCONVENIENCE CAUSED IS DEEPLY REGRETTED. ASSURIN G FOR OUR BEST COOPERATION. M.A. NO 101/ AHD/2018 . A.Y. 2010-11 3 3. ON THE OTHER HAND THE LD. DR RAISED NO OBJECTI ON IF THE MATTER IS RECALLED FOR FRESH ADJUDICATION AS PER THE PROVISION OF LAW. 4. HEARD RIVAL SUBMISSIONS AND PERUSED THE RECOR D. ON PERUSAL OF THE ORDER DT. 02-01-2018, WE FIND THAT IN SPITE OF SERVICE OF NOTICES BY THE REGISTRY NEITHER ANY ONE APPEARED NOR THERE WAS ANY ADJOURNMENT APPL ICATION FILED ON BEHALF OF ASSESSEE FOR THE HEARING ON 02-01-2018. THUS, FOLLO WING THE VARIOUS DECISIONS IN THE CASES OF MULTIPLAN INDIA (P) LTD REPORTED IN 38 ITD 320 (DEL), HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480(MP) THE TRIBUNAL DISMIS SED THE APPEAL OF ASSESSEE BY PASSING EX PARTE ORDER FOR NON PROSECUT ION. WE FIND THAT THERE WAS SUFFICIENT REASON FOR THE ASSESSEE IN NOT APPEARING BEFORE THE TRIBUNAL ON THE SAID DATE OF HEARING [02-01- 2018]. THEREFORE, IN V IEW OF SUBMISSION OF ASSESSEE WE RECALL THE ORDER DATED 02-01-2018 BY ALLOWING TH IS MISC. APPLICATION FILED BY THE ASSESSEE. 5. NEXT DATE OF HEARING IN THIS MATTER IS 05/09/2 018 AND SAME HAS BEEN COMMUNICATED TO BOTH THE PARTIES AND NO SEPARATE NO TICE WILL BE SENT TO ANY OF THE PARTIES. 6. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 06 - 08- 2018 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 06/08/2018 RAJESH