Orchid Pharma Limited, CHENNAI V. DCIT, CHENNAI

MA 22/CHNY/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6705 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 04-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Assessee Lawyers: B RAMAKRISHNAN
• Keywords: Transfer pricing

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI DUVVURU R L REDDY , JUDICIAL MEMBER M.P. NO. 22/CHNY/2018 [IN I . T.A. NO. 73 / CHNY /2017 ] ASSESSMENT YEAR :2012 - 1 3 M/S. ORCHID PHARMA LTD., [FORMERLY ORCHID CHEMICALS AND P HARMACEUTICALS LTD.), ORCHID TOWERS, 313, VALLUVARKOTTAM HIGH ROAD, CHENNAI 600 03 4 . [PAN: A AACO 0402B ] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE 5( 1 ) , CHENNAI 600 034 . ( APPELLANT ) ( R ESPONDENT ) / APPELLANT BY : SHRI B. RAMAKRISHNAN, C.A. / RESPONDENT BY : SHRI B. SAGADEVAN , J CIT / DATE OF HEARING : 1 6 . 03 .201 8 / DATE OF P RONOUNCEMENT : 05 . 06 .201 8 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : BY MEANS OF PRESENT MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO RECALL THE EXPARTE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO.7 3 /MDS/201 7 DATED 2 7 . 11 .201 7 FOR THE ASSESSMENT YEAR 201 2 - 1 3 . BY REFERRING TO THE PETITION, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE PETITIONER WAS IN THE PROCESS OF COLLECTING VARIOUS MATERIALS FOR FILING IN THE FORM OF PAPER BOOK SINCE THE ISSUE INVOLVED IN THE APPEAL RELATES TO TRANSFER PRICING. FURTHER, THE LD. COUNSE L FOR M.P. NO. 22 /M /1 8 2 THE ASSESSEE SUBMITTED THAT NON - APPEARANCE IS NEITHER WILFUL NOR WANTON AND PRAYED THAT THE EX - PARTE ORDER OF THE TRIBUNAL MAY BE RECALLED AND THE ASSESSEE MAY BE GIVEN AN OPPORTUNITY TO PRESENT IT S CASE BEFORE THE TRIBUNAL. 2. THE LD. DR DID NOT SERIOUSLY OBJECT TO THE SUBMISSIONS OF THE LD. COUNSEL. 3. WE HAVE HEARD BOTH SIDES AND PERUSED THE PETITIONS FILED BY THE ASSESSEE. BY CONSIDERING THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE, WE FIND THAT THE PETITIONER WAS PREVENTED BY SUFFICI ENT CAUSE FOR NOT REPRESENTING HIS CASE ON THE DATE OF HEARING OF THE APPEAL. WHILE ACCEPTING THE PETITION OF THE ASSESSEE, WE RE CALL OUR EX - PARTE ORDER DATED 27 . 11 .201 7 AND POST THE APPEAL FOR HEARING ON 06 . 06 .201 8 . SINCE THE LD. COUNSEL FOR THE ASSESSEE HAS ENDORSED HAVING NOTED THE DATE OF HEARING O N THE ORDER SHEET, NO SEPARATE NOTICE WOULD BE ISSUED TO BOTH PARTIES. 4. IN THE RESULT, THE M.P. FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE 05 TH JUNE , 201 8 AT CHENNAI. SD/ - SD/ - (A.MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, 05 . 06 .201 8 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.