RAJASTHAN FINANCIAL CORPORATION, Jaipur V. ACIT, Jaipur

MA 25/JPR/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5592 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 16-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH HKKXPAN] YS[KK LNL; ,OA JH DQY HKKJR ] U;KF;D LNL; DS LE{K BEFORE: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM M.A. NO. 25/JP/2017 (ARISING OUT OF ITA NO. 354/JP/2016) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR: 2006-07 RAJASTHAN FINANCIAL CORPORATION, UDYOG BHAWAN, TILAK MARG, JAIPUR. CUKE VS. A.C.I.T., CIRCLE-6, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AACCR 2385 J VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT M.A. NO. 31/JP/2017 (ARISING OUT OF ITA NO. 355/JP/2016) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR: 2010-11 RAJASTHAN FINANCIAL CORPORATION, UDYOG BHAWAN, TILAK MARG, JAIPUR. CUKE VS. I.T.O., WARD 6(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AACCR 2385 J VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI SANJEEV MATHUR (CA) JKTLO DH VKSJ LS @ REVENUE BY : SMT. NEENA JEPH (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 07/04/2017 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT: 10/04/2017 VKNS'K @ ORDER PER: BHAGCHAND, A.M. THE ASSESSEE HAS FILED BOTH THE MISC. APPLICATIONS ON 08/02/2017 AGAINST THE ORDER OF THE ITAT, JAIPUR BENCH, JAIPUR DATED 01/12/2016 PASSED IN ITA NO. 354 & 355/JP/2016 FOR A.Y. 2006-0 7 & 2010-11. M.A. NO. 25 & 31/JP/2017 RAJASTHAN FINANCIAL CORP. VS. ACIT 2 2. IN THESE CASES, THE ASSESSEE FILED APPEAL VIDE I TA NOS. 231 354 & 355/JP/2016 FOR A.Y. 2006-07 & 2010-11 AGAINST THE ORDER OF LEARNED CIT(A)-2, JAIPUR DATED 27/01/2016. THIS BENCH OF THE ITAT, JAIPUR HAS DECIDED THE APPEALS IN ABSENCE OF THE ASSESSEE BY A PPLYING DECISION OF DELHI BENCH OF ITAT IN THE CASE OF CIT VS MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 AND DISMISSED THE ASSESSEES APPEALS. 3. THE ASSESSEE FILED THESE MISC. APPLICATIONS AND E XPLAINED THE REASONS AS TO WHY THE HEARING OF APPEALS ON 01/12/20 16 COULD NOT BE ATTENDED. THE ASSESSEE HAS FILED AN AFFIDAVIT AND SU BMITTED THAT DUE TO MISUNDERSTANDING ON THE ITAT COMMUNICATION REGARDING THE TAKING UP OF THE HEARING ON 08 TH DECEMBER, 2016, HE COULD NEITHER ATTEND THE HEARIN G ON 01 ST DECEMBER, 2016 NOR COULD INFORM ANYBODY TO SEEK AD JOURNMENT. HE ALSO SUBMITTED THAT THE DATE OF HEARING AT ITAT, JAIPUR BENCH WAS NOTED BY THE AUTHORIZED REPRESENTATIVE MR. SATISH AJMERA, WHO WAS EXPECTED TO APPEAR BEFORE HON'BLE BENCH, MR. SATISH AJMERA RECEIVED A PHONE CALL FROM THE ITAT INFORMING THAT THE APPEALS WERE FIXED FOR 8 TH DECEMBER 2016AS APPEALS FOR THE SAME COUNSEL WERE FI XED FOR 8 LH DECEMBER 2016 ALREADY AND SO THE COUNSEL MISTAKENLY BELIEVED THAT THESE APPEALS WERE TO BE TAKEN UP ON 8 TH DECEMBER 2016.DUE TO THESE MISUNDERSTANDING REGARDING THE HEARING HE COULD NEI THER ATTEND THE HEARING ON 1 ST DEC. 2016 NOR DID HE INFORM ANYBODY TO TAKE ADJOURN MENT. M.A. NO. 25 & 31/JP/2017 RAJASTHAN FINANCIAL CORP. VS. ACIT 3 HOWEVER THE APPEAL WAS DECIDED EX PARTE ON 01/12/2016 . THEREFORE, HE PRAYED TO RECALL THE HONBLE ITAT ORDER DATED 01/12 /2016. THE D.R. HAS NOT RAISED ANY OBJECTION IF THE HONBLE BENCH RECAL L THE EX PARTE ORDER DATED 01/12/2016. 4. IN VIEW OF THE SUBMISSION OF THE ASSESSEE THAT DU E TO MISUNDERSTANDING ON THE ITAT COMMUNICATION REGARDING THE TAKING UP OF THE HEARING ON 08 TH DECEMBER, 2016, HE COULD NEITHER ATTEND THE HEARIN G ON 01 ST DECEMBER, 2016 NOR COULD INFORM ANYBODY TO SEEK AD JOURNMENT. AFTER CONSIDERING ALL THESE FACTS AND CIRCUMSTANCES AND IN THE INTEREST OF JUSTICE, I RECALL ORDER DATED 01/12/2016 PASSED BY THIS BENCH IN ITA NO. 354 & 355/JP/2016 FOR THE A.Y. 2006-07 & 2010-11. A CCORDINGLY THE PRESENT M.AS. FILED BY THE ASSESSEE ARE ALLOWED AND DATE OF HEARING OF THE APPEAL IS GIVEN IN OPEN COURT FOR 25/05/2017. THE RE GISTRY IS DIRECTED TO FIX THE CASE AS PER THE ABOVE DATE IN REGULAR HEARING. 5. IN THE RESULT, BOTH THE MISC. APPLICATIONS ARE A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10/04/2017. SD/- SD/- DQY HKKJR HKKXPAN (KUL BHARAT) (BHAGCHAND) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 10 TH APRIL, 2017 *RANJAN M.A. NO. 25 & 31/JP/2017 RAJASTHAN FINANCIAL CORP. VS. ACIT 4 VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- RAJASTHAN FINANCIAL CORPORATION, JAIP UR. 2. IZR;FKHZ @ THE RESPONDENT- THE ACIT, CIRCLE-6/ITO, WARD 6(2), JAI PUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (M.A. 25 & 31/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR