Bumi Geo Engineering Pvt Ltd., CHENNAI V. ACIT, CHENNAI

MA 14/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4226 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 09-02-2016
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: RANGA RAMANUJAM
• Keywords: Reasonable cause

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI . , ! ' , # % & [ BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD , JUDICIAL MEMBER ] M.P.NO.14/MDS/2016 [IN I.T.A.NO.743/MDS/2014] ASSESSMENT YEAR : 2009 - 10 M/S BUMI GEO ENGINEERING PVT. LTD NEW NO.16, 1 ST FLOOR BALARAM RAOD, ADYAR CHENNAI 600 020 V S. THE ASSTT. COMMISSIONER OF INCOME-TAX COMPANY CIRCLE I(2) CHENNAI [PAN AABCB 7316 E] ( PETITIONER ) ( ''() /RESPONDENT) PETITIONER BY : SHRI RANGA RAMANUJAM, CA RESPONDENT BY : SHRI A.V. SREEKANTH, JCIT / DATE OF HEARING : 01 - 04 - 2016 / DATE OF PRONOUNCEMENT : 01 - 04 - 2016 * / O R D E R PER CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER THE ASSESSEE HAS FILED THE PRESENT MISCELLANEO US PETITION PRAYING FOR RECALL OF THE ORDER OF THE TRIBUNAL DAT ED 18.3.2015. 2. IN ITS PETITION, THE ASSESSEE STATED THAT THE ASS ESSEE INCURRED HUGE LOSSES AND TO CUT DOWN COST, IT HAS S HIFTED ITS OFFICE TO NEW NO.16, 1 ST FLOOR, BALARAM ROAD, ADYAR, CHENNAI-600020, AND THEREFORE, THE ASSESSEE HAS NOT RECEIVED THE NOTI CE FOR THE HEARING ON MP NO.14/16 :- 2 -: 3.3.2015. THE ASSESSEE HAS ALSO FILED REVISED FOR M 36 INDICATING THE CHANGE IN ADDRESS AND PRAYED THAT THE EX-PARTE ORDE R OF THE TRIBUNAL MAY BE RECALLED. 3. WE FIND THAT THERE IS A REASONABLE CAUSE WHICH P REVENTED THE ASSESSEE FROM APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARING ON 3.3.2015. ACCORDINGLY, THE ORDER OF THE TRIBUNAL DATED 18.3.2015 IS RECALLED AND THE APPEAL OF THE ASSESS EE IS RESTORED ON THE FILE. THE REGISTRY IS DIRECTED TO FIX THE APPE AL FOR HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST APRIL, 2016, AT CHENNAI. SD/- SD/- ( . ) (A. MOHAN ALAMKAMONY) / ACCOUNTANT MEMBER ( !' # ) (CHALLA NAGENDRA PRASAD) !$ / JUDICIAL MEMBER ! / CHENNAI % / DATED: 1 ST APRIL, 2016 RD &' #$()* +) / COPY TO: 1 . PETITIONER 4. & & , / CIT 2. #-./ / RESPONDENT 5. )0 #$$12 / DR 3. & & , (*) / CIT(A) 6. 45 6 / GF