Bajaj Consumer Care Limited (Now known as Bajaj Resources Limited), Hyderabad, Hyderabad V. DCIT, 1(3), Hyderabad, Hyderabad

MA 17/HYD/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2810 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-03-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 02-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A.NO.16 & 17/HYD/2015 ARISING OUT OF ITA.NO.1367 & 1368/HYD/2013 ASSESSMENT YEAR 2006-2007 M/S. BAJAJ CONSUMER CARE LIMITED (NOW KNOWN AS BAJAJ RESOURCES LTD.,), HYDERABAD PAN AAACD8001D VS. DCIT, CIRCLE 1(3) HYDERABAD (APPLICANT) (RESPONDENT) FOR APPLICANT : MR. SANDEEP JHANWAR FOR RESPONDENT : MR. RAMAKRISHNA BANDI DATE OF HEARING : 13.03.2015 DATE OF PRONOUNCEMENT : 13.03.2015 ORDER PER SAKTIJIT DEY, J.M. THESE MISCELLANEOUS APPLICATIONS ARE PREF ERRED BY THE ASSESSEE SEEKING FOR RECALL OF THE ORDER DATED 17.12.2014 PASSED IN ITA.NO.1367 & 1368/HYD/2013. 2. THE LD. COUNSEL FOR THE ASSESSEE HAS FILED A PETITION EXPLAINING THE REASONS FOR NON-APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING OF THE APPEALS I.E. , ON 17.12.2014 CONTENDING INTER ALIA, THAT THE ADDRESS MENTIONED IN FORM NO.36 IS THE REGISTERED OFFICE OF THE COMPA NY WHICH HAS NOT BEEN IN REGULAR ATTENDANCE FOR LAST SEVERAL MONTHS AND DEMOLISHED THE EXISTING STRUCTURE TO DEVELOP SOME P ROJECTS ON THE SAID SITE. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT IT HAS APPLIED FOR CHANGE OF ITS REGISTERED OF FICE FROM 2 M.A.NO.16 & 17/HYD/2015 IN ITA.NO.1367 & 1368/HYD/2 013 M/S. BAJAJ CONSUMER CARE LIMITED (NOW KNOWN AS BAJAJ RESOURCES LIMITED), HYDERABAD. HYDERABAD TO DELHI WHICH HAS BEEN CHANGED W.E.F. 01 .12.2014 VIDE ORDER OF REGISTRAR OF COMPANIES AND AMENDED FO RM 36 HAS BEEN FILED FOR FUTURE CORRESPONDENCE. IT WAS FU RTHER SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE THAT THERE ARE CRITICAL ISSUES INVOLVED IN THE APPEAL WHICH NOT ON LY HAVE ITS IMPACT ON TAX LIABILITY OF THE YEAR UNDER CONSIDERA TION BUT ALSO HAVE EFFECT ON ASSESSMENT PROCEEDINGS OF SUBSEQUENT ASSESSMENT YEARS. HENCE, PRAYED THAT THE APPEALS MA Y PLEASE BE RESTORED FOR HEARING AGAIN IN THE INTEREST OF JU STICE. 3. THE LEARNED D.R. HAS NO OBJECTION FOR RECALL OF THE TRIBUNAL ORDER DATED 17.12.2014 IN THE ABOVE APPEAL S. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIAL ON RECORD. WE ARE SATISFIED WITH THE REASO NS EXPLAINED BY THE ASSESSEE FOR HIS NON-APPEARANCE BEFORE THE T RIBUNAL AND IN THE INTEREST OF JUSTICE, WE RECALL THE TRIBU NAL ORDER DATED 17.12.2014 PASSED IN ITA.NO.1367 & 1368/HYD/2 013 AND DIRECT THE REGISTRY TO POST THE APPEALS FOR HEA RING ON 08.07.2015. SINCE, THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO SEPARATE NOTICE WILL BE GIVEN. REGISTRY IS DIRECTED TO DISPA TCH THIS ORDER TO THE ASSESSEE IN THE ADDRESS GIVEN IN AMENDED FOR M 36. 5. IN THE RESULT, MISCELLANEOUS APPLICATIONS OF TH E ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 13.03.2015. SD/- SD/- (P.M. JAGTAP) (SAKTIJIT DEY) ACOUNTANT MEMBER JUDICIAL MEMB ER HYDERABAD, DATED 13 TH MARCH, 2015 VBP/- 3 M.A.NO.16 & 17/HYD/2015 IN ITA.NO.1367 & 1368/HYD/2 013 M/S. BAJAJ CONSUMER CARE LIMITED (NOW KNOWN AS BAJAJ RESOURCES LIMITED), HYDERABAD. COPY TO : 1. M/S. BAJAJ CONSUMER CARE LIMITED (NOW KNOWN AS BAJA J RESOURCES LIMITED), C/O. O.P. BANG & CO., CHARTERED ACCOUNTANTS, 102, 1 ST FLOOR, LAXMI ARCADE, VITTALWADI X. ROAD, NARAYANAGUDA, HYDERABAD 500 029. 2. THE DCIT, CIRCLE 1(3), HYDERABAD. 3. CIT(A)-V, HYDERABAD. 4. CIT-I, HYDERABAD 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE