Tamilnadu Warehousing Corporation Limited, CHENNAI V. ACIT, CHENNAI

MA 147/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4923 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 11-11-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 15-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Keywords: Reasonable cause

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , . , ! ' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.A.NO.147/MDS/2016 [IN I.T.A.NO.323/MDS/2016] ASSESSMENT YEAR : 2008-09 TAMILNADU WAREHOUSING CORPORATION LIMITED, 82, ANNA SALAI, GUINDY, CHENNAI 600 032. PAN: AAACT 2474 Q V. ACIT, CORPORATE CIRCLE 3(1), CHENNAI. (APPLICANT) ( /RESPONDENT) APPLICANT BY : SHRI R. SANKARANARAYANAN, CHARTERED ACCOUNTANT RESPONDENT BY : SHRI A.V.SREEKANTH, JCIT # $%! /DATE OF HEARING : 11.11.2016 &' $%! /DATE OF PRONOUNCEMENT : 11.11.2016 /O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETI TION PRAYING FOR RECALL OF THE ORDER OF THIS TRIBUNAL DATED 07.04.20 16. 2 M.A. NO.147/MDS/2016 2. SHRI R.SANKARANARAYANAN, THE LEARNED REPRESENTAT IVE FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS A STATE GOV ERNMENT CORPORATION. IT WAS UNDER THE IMPRESSION THAT THE DEFECT NEEDS TO B E RECTIFIED BEFORE HEARING THE APPEAL. MOREOVER, THE REPRESENTATIVE FO R THE ASSESSEE WAS ON HIS MARRIAGE LEAVE. THEREFORE, THE ASSESSEE COULD N OT APPEAR BEFORE THIS TRIBUNAL ON 07.04.2016 WHEN THE APPEAL WAS TAKEN UP FOR HEARING. THE LEARNED REPRESENTATIVE FURTHER SUBMITTED THAT AN OP PORTUNITY MAY BE GIVEN TO THE ASSESSEE TO ARGUE THE CASE ON MERIT. 3. WE HEARD SHRI A.V.SREEKANTH, THE LEARNED DEPARTM ENT REPRESENTATIVE ALSO. ACCORDING TO THE LEARNED REPRE SENTATIVE FOR THE DEPARTMENT, THERE IS NO REASONABLE CAUSE ON THE PAR T OF THE ASSESSEE FOR NOT APPEARING BEFORE THIS TRIBUNAL WHEN THE APPEAL WAS TAKEN UP FOR HEARING. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTEDLY, THE ASSESSEE IS A STATE GOVERNMENT OWNED CORPORATION. THE DEFECT MEMO WAS ALSO ISSUED TO THE ASSESSEE TO RECTIFY CERTAIN DEFECTS. THE ASS ESSEE NOW CLAIMS THAT THE ASSESSEE WAS UNDER THE BONAFIDE IMPRESSION THAT THE APPEAL WAS POSTED ONLY FOR RECTIFYING THE DEFECTS POINTED OUT BY THE REGISTRY. THE ASSESSEE ALSO CLAIMS THAT THE REPRESENTATIVE FOR THE ASSESSEE WAS ON HIS MARRIAGE LEAVE. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT THE REASON STATED 3 M.A. NO.147/MDS/2016 BY THE ASSESSEE FOR NOT APPEARING BEFORE THIS TRIBU NAL ON 07.04.2016 IS A REASONABLE CAUSE. THEREFORE, IN EXERCISE OF POWERS CONFERRED ON THIS TRIBUNAL UNDER PROVISO TO RULE 24 OF THE INCOME-TAX (APPELLATE TRIBUNAL) RULES, 1963, THE ORDER OF THIS TRIBUNAL DATED 07.04 .2016 IS HEREBY RECALLED. 5. NOW THE APPEAL OF THE ASSESSEE IN ITA NO.323/MD S/2016 STANDS RESTORED ON THE FILE OF THIS TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 07.02.2017. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH PARTIES, NOTICE OF HEARING NEED NOT BE ISSUED TO EITHER PARTY FOR HEAR ING ON 07.02.2017. IN OTHER WORDS, COPY OF THIS ORDER SHALL BE TREATED AS NOTICE FOR HEARING. 6. WITH THE ABOVE OBSERVATIONS, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED ON 11 TH NOVEMBER, 2016 AT CHENNAI. SD/- SD/- ( . ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) ! /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, ( /DATED, THE 11 TH NOVEMBER, 2016. SP. 4 M.A. NO.147/MDS/2016 $ )%*+ ,+'% /COPY TO: 1. -. /APPELLANT 2. )/-. /RESPONDENT 3. # 0% ( )/CIT(A) 4. # 0% /CIT, 5. +1 )% /DR 6. 23 4 /GF.