Rukhmani Electrodes Private Limited, Kolkata V. ITO, Ward 14(3), Kolkata, Kolkata

MA 26/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2934 (ITAT-KOLKATA)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 07-02-2019
• Court: TRIBUNAL

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER (MISC. APPLICATION) M.ANO.26/KOL/2019 (ARISING OUT ITA NO.783/KOL/2017) / ASSESSMENT YEAR:2012-13 RUKHMANI ELECTRODES PVT. LTD.,31, THAKURPUKUR (N.W) ROAD, P.O. BADU,KOLKATA-128 [ PAN NO.AACCR 9298 L ] / V/S . INCOME TAX OFFICE WARD-14(3), AAYAKAR BHAWAN, POORVA, 110, SHANTIPALLY, E.M. BYEPASS, KOLKATA-107 (ORIGINAL APPELLANT) (ORIGINAL R ESPONDENT) (APPLICANT) .. (RESPONDENT) / BY APPLICANT SHRI, MIRAJ D SHAH, ADVOCATE !' / BY RESPONDENT SHRI ROBIN CHOUDHURY, ADDL. CIT-SR-DR / DATE OF HEARING 21 -06-2019 / DATE OF PRONOUNCEMENT 30-08-2019 / ORDER PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES INSTANT MISCELLANEOUS APPLICATION F ILED 254(2) OF THE INCOME TAX ACT, 1961, IN SHORT THE ACT SEEKS TO R ECALL OUR ORDER DATED 18.06.2018 DISMISSING THE MAIN APPEAL ITA NO.783/KO L/2017 ON ACCOUNT OF NON PROSECUTION THEREBY CONFIRMING UNEXPLAINED CASH CREDITS ADDITION OF 130,30,000/- U/S 68 OF THE ACT. HEARD BOTH THE PARTIES. MA NO26/KOL/2019 RUKHMANI ELECTRODES. PVT. LTD. VS. ITO, WD-14(3), KOL. PA GE 2 2. THE ASSESSEES PLEADINGS SUGGESTS THAT IT HAS U NDERGONE ITS FINANCIAL SETBACK AND ITS BUSINESS ACTIVITY STOOD STOPPED. TH E SAME IS THE REASON STATED FOR ITS AUTHORIZED REPRESENTATIVES NON-APPE ARANCE BEFORE THE TRIBUNAL ON 23.04.2018. LEARNED COUNSELS ONLY PLEA DURING T HE COURSE OF HEARING IS THAT THE ASSESSEE WAS VERY MUCH DILIGENT IN THE MAI N APPEAL. THE REVENUE IS FAIR ENOUGH IN NOT CONTESTING ALL THESE AVERMENTS. WE THEREFORE CONCLUDE IN THESE FACTS AND CIRCUMSTANCES THAT THE ASSESSEES N ON APPEARANCE IN THE MAIN APPEAL HEARING ON 18.06.2018 WAS NEITHER INTEN TIONAL NOR DELIBERATE BUT ON ACCOUNT OF CIRCUMSTANCES BEYOND ITS CONTROL. WE ACCORDINGLY RESTORE THE ASSESSEES MAIN APPEAL ITA NO.783/KOL/2017 FOR AFRE SH HEARING IN REGULAR COURSE WITH PRIOR INTIMATION TO BOTH THE PARTIES. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30/08/2019 SD/- SD/- ( () ( () (DR. A.L. SAINI) (S.S. GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP *- 30/08 /201 9 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-RUKHMANI ELECTODES PVT. LTD, 31, THAKURPUK UR (N.W) ROAD, P.O. BADU,KOLKATA-128 2. !' /RESPONDENT-ITO WARD-14(3), AAYAKAR BHAVAN POORVA,110 , SHANTIPALLY, KOLKATA-107 3. 5 6 / CONCERNED CIT 4. 6- / CIT (A) 5. !5, 5, KOLKATA / DR, ITAT, KOLKATA 6. / GUARD FILE. BY ORDER/ , /TRUE COPY/ 5,