Jagruti Urban Souhardha Credit Co-op. Ltd., Raibag V. ITO Ward - 2 (2) Belgaum, Belgaum

MA 11/PAN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1913 (ITAT-PANAJI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 04-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN
• Assessee Lawyers: BHARAT R PORWAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P. K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER MA NO. 11 /PNJ/2014 (ARISING OUT OF ITA NO. 337 /PNJ/2013) (ASSESSMENT YEAR - 2010 - 11 ) J AGRUTI URBAN SOUHARDA CREDIT CO - OPERATIVE LTD, A/P HARUGERI (TAL - RA IBAG) (DIST - BELGAUM) . PAN: AAAJJ0083E (APPLICANT) VS. THE INCOME TAX OFFICER, WARD - 2(2 ) , BELGAUM. (RESPONDENT) APPLIC ANT BY : SRI BHARAT R. PORWAL, CA RESPONDENT BY : SMT. SUMAN, DR DATE OF HEARING : 23/05/2014 DATE OF PRONOUNCEMENT : 23/05/2014 O R D E R PER: D.T.GARASIA (JM) THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE FOR RECALLING THE ORDER DT.27.2 .2014 PASSED BY THIS TRIBUNAL. THE TRIBUNAL HAS PASSED THE ORDER EX PARTE IN VIEW OF THE DECISION OF THE HONBLE DELHI TRIBUNAL IN 38ITD 320 (DEL) IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. AS NOBODY APPEARED ON BEHALF OF THE ASSESSEE. 2. THE ASSESSEE CONTENDED THAT THE SAID APPEAL FILED BY THE ASSESSEE DISMISSED STATING ASSESSEE IS NOT WILLING TO PROSECUTE THE APPEAL. THE ASSESSEE BY WAY OF THIS MISCELLANEOUS APPLICATION REQUEST TO GRANT ONE MORE OPPORTUNITY OF HEARING OF SAID APPEAL. DUE TO NON AVAI LABILITY OF AR ON THAT DAY, REQUEST WAS MADE BY FILING THE ADJOURNMENT LETTER BOTH THE EMAIL AND FAX. THIS SHOWS THAT THE APPELLANT IS SERIOUS ABOUT THIS APPEAL FILED. SECONDLY, THE 2 . M.A NO. 11/PNJ/2014,(A.Y. - 2010 - 11) ARISING OUT OF ITA NO. 337/PNJ/2013 ASSESSEE IS CARRYING ON BUSINESS OF PROVIDING CREDIT FACILITIES TO ITS MEM BERS AND ALSO BY - LAYS OF THE APPELLANT CREDIT SOCIETY ALLOWS ADMISSION OF OTHER CO - OPERATIVE SOCIETY REGISTERED UNDER CO - OPERATIVE SOCIETIES ACT, 1959. THE HONBLE TRIBUNAL HAS ALLOWED APPEALS UNDER SUCH CIRCUMSTANCES OF OTHER CO - OPERATIVE CREDIT SOCIETIES . THEREFORE, THE APPLICATION BE ALLOWED AND THE CASE BE HEARD ON MERIT. THE LEARNED DR DID NOT OBJECT TO THE SAME. 3. WE HAVE HEARD THE RIVAL SUBMISSION AND CAREFULLY CONSIDERED THE SAME. SINCE THE APPEAL WAS DISMISSED EX PARTE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE RECALL THE APPEAL. REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE. 4. IN THE RESULT, THE MI SCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCEMENT IN THE OPEN COURT ON 23.05.2014. S D / - S D / - ( P.K. BANSAL) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 2 3 .5.2014. P.S. - *PK * COPY TO: ( 1 ) APPELLANT ( 2 ) RESPONDENT ( 3 ) CIT CONCERNED ( 4 ) CIT(A) ( 5 ) D.R ( 6 ) GUARD FILE TRUE COPY, BY ORDER