M/s Granules India Ltd., Hyderabad V. Dy. CIT, Circle-2(3), Hyderabad

MA 258/HYD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1414 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 30-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J J BARUN
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MA NO. 258/HYD/2013 ARISING OUT OF ITA NO. 1793/HYD/2012 ASSESSMENT YEAR 2008-09 MA NO. 259/HYD/2013 ARISING OUT OF ITA NO. 2125/HYD/2011 ASSESSMENT YEAR 2007-08 M/S. GRANULES INDIA LTD. HYDERABAD PAN: AAACG7369K VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(3) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI J.J. BARUN RESPONDENT BY: SRI SOLGY JOSE T. KOTTARAM DATE OF HEARING: 1 0 . 0 1 .201 4 DATE OF PRONOUNCEMENT: 1 0 . 0 1 .201 4 O R D E R PER CHANDRA POOJARI, AM: THE ABOVE TWO MISCELLANEOUS APPLICATIONS BY THE ASS ESSEE SEEK RECALL OF EX-PARTE ORDER OF THE TRIBUNAL DATED 9.10.2013 IN ITA NO. 1793/HYD/2012 AND 2125/HYD/2011 WHEREIN APPEALS OF THE ASSESSEE WERE DISMISSED EX-PARTE FOR WANT OF PROSEC UTION REJECTING THE ADJOURNMENT PETITION FILED BY THE ASSESSEE. 2. THE ASSESSEE FILED A PETITION STATING THAT ON THE S AID DATE OF HEARING I.E., 9.10.2013 ITS AR COULD NOT BE PRESENT BEFORE THE TRIBUNAL THE REASON FOR WHICH WAS GIVEN IN THE ADJO URNMENT PETITION. THE ASSESSEE STATED THAT THE AR COULD NOT ATTEND THE HEARING AS HE WAS OUT OF INDIA BETWEEN 9.10.2013 TO 15.10.2013. TO THIS EFFECT THE ASSESSEE ATTACHED COPY OF THE TICKET AND THE STAMPI NG ON THE PASSPORT. ACCORDINGLY, THE ASSESSEE REQUESTED THAT BUT FOR THE ABOVE REASON, THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING MA NO. 258 & 259/HYD/2013 M/S. GRANULES INDIA LTD. ======================== 2 ITS APPEALS AND PLEADED THE BENCH TO GRANT ONE MORE OPPORTUNITY TO CONTEST ITS CASES ON MERIT, IN THE INTEREST OF JUST ICE AND FAIR PLAY. 3. THE LEARNED DR DID NOT RAISE ANY SERIOUS OBJECTION FOR THE PROPOSITION OF THE ASSESSEE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WE FIND THE ASSESSEE WAS PREVENTED BY REAS ONABLE CAUSE IN ATTENDING HEARING BEFORE THE TRIBUNAL ON 9.10.2013. ACCORDINGLY, THE ORDER OF THE TRIBUNAL DATED 9.10.2103 IS RECALL ED AND THE APPEALS OF THE ASSESSEE IN ITA NOS. 1793/HYD/2013 AND 2125/H YD/2011 ARE HEREBY RESTORED ON THE FILE OF THE TRIBUNAL. THE R EGISTRY OF THE TRIBUNAL IS DIRECTED TO POST THE ABOVE APPEALS FOR HEARING ON 19.02.2014. NO NOTICE OF HEARING SHALL BE SENT TO THE PARTIES AND THIS ORDER ITSELF WOULD SERVE AS NOTICE OF HEARING ON THE PARTIES. 5. IN THE RESULT, BOTH THE MAS OF THE ASSESSEE ARE ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JANUARY, 2014. SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 10 TH JANUARY, 2014 TPRAO COPY FORWARDED TO: 1. M/S. GRANULES INDIA LTD., 2 ND FLOOR, 3 RD BLOCK, MY HOME HUB, HITECH CITY,. MADHAPUR, HYDERABAD-500 081. 2. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 2(3), IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD-500 004. 3 . THE DISPUTE RESOLUTION PANEL , HYDERABAD. 4 . THE ADDL. COMMISSIONER OF INCOME - TAX, TRANSFER PRICING, HYDERABAD 5 . THE DR 'B' BENCH, ITAT, HYDERABAD