Rain Cements Limited, , Hyderabad V. DCIT, Circle-3(1), , Hyderabad

MA 15/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8937 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 19-03-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 27-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NISHANT TAKKAR
• Section: 254(2)

Judgement Text

MA NO 15 OF 2020 RAIN CEMENTS LTD HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER M.A. NO.15/HYD/2020 (ARISING OUT OF ITA NO.864/HYD/2020) ASSESSMENT YEAR: 2008-09 RAIN CEMENTS LTD HYDERABAD PAN:AABCR8858F VS. DY. CIT CIRCLE 3(1) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI NISHANT TAKKAR REVENUE BY : SRI SUNIL KUMAR PANDEY,DR DATE OF HEARING: 19/03/2021 DATE OF PRONOUNCEMENT: 23/03/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS M.A IS FILED BY THE ASSESSEE U/S 254(2) OF THE I.T. ACT SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DAT ED 18.10.2019 IN ITA NO.864/HYD/2017. ACCORDING TO THE ASSESSEE, THE MISTAKE APPARENT FROM RECORD IS THAT THOUGH THE ASSESSEE HA S RAISED VARIOUS GROUNDS AGAINST THE VALIDITY OF THE RE-ASSE SSMENT PROCEEDINGS, AT THE TIME OF HEARING, THE ASSESSEE H AD ARGUED ONLY ON THE ADDITIONAL GROUND NOS. 1.5 AND 1.6 AND AT TH AT POINT OF TIME, THE TRIBUNAL HAD OBSERVED THAT IF THE TRIBUNA L WERE NOT INCLINED THE ACCEPT THE CONTENTIONS OF THE ASSESSEE , THE TRIBUNAL WOULD REFIX THE APPEALS FOR HEARING, BUT INADVERTEN TLY, THE ADDITIONAL GROUNDS AT 1.1 TO 1.4 WHICH WERE NOT ARG UED BY THE ASSESSEE WERE ALSO CONSIDERED AND DISMISSED. THEREF ORE, ACCORDING TO THE LEARNED COUNSEL FOR THE ASSESSEE, THERE IS A MA NO 15 OF 2020 RAIN CEMENTS LTD HYDERABAD PAGE 2 OF 2 MISTAKE APPARENT FROM RECORD AND HENCE IS SEEKING R ECALL OF THE ORDER OF THE TRIBUNAL. 2. THE LEARNED DR WAS ALSO HEARD. 3. UPON VERIFICATION OF THE LOGBOOK OF THE J.M, IT WAS OBSERVED THAT THE ADDITIONAL GROUNDS 1.1 TO 1.4 WER E NOT ARGUED BY THE ASSESSEE AND THEREFORE, THERE IS ONLY PARTIA L ADJUDICATION OF THE GROUNDS RAISED BY THE ASSESSEE. IN VIEW OF THE SAME, WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUN AL IN ITS ENTIRETY AND THE APPEALS WERE REFIXED FOR HEARING ON 6.5.202 1. AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE FOR HEARING NE ED BE GIVEN. M.A. IS ACCORDINGLY ALLOWED. 4. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH, 2021. SD/- SD/- (LAXMI PRASAD SAHU) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 23 RD MARCH, 2021. VINODAN/SPS COPY TO: 1 RAIN CEMENTS LTD, 34, RAIN CENTER, SRINAGAR COLON Y, HYDERABAD 500073 2 DY.CIT, CIRC LE 3(1) 7 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, SERILINGAMPALLY, HYDERABAD 3 DRP 59 HMT BHAVAN, 3 RD FLOOR, BELLARY ROAD, GANGANAGAR, BENGALURU 560032 4 CIT A, 3 LT TOWERS, MASAB TANK, HYDERABAD 50000 4 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER