The Dy. Commissioner of Income-tax, Jammu V. Sh. Pee Ell Alloys, Jammu

MA 27/ASR/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9232 (ITAT-AMRITSAR)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 02-11-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 31-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER M.A. NO.27(ASR)/2012 ARISING OUT OF I.T.A. NO.415(ASR)/2011 ASSESSMENT YEAR:2005-06 PAN :AAFFP4043H DY. COMMR. OF INCOME-TAX, VS. M/S. PEE ELL ALLOYS, UNIT-II, CIRCLE-1, JAMMU. JAMMU. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. TARSEM LAL, DR RESPONDENT BY: NONE DATE OF HEARING:02/11/2012 DATE OF PRONOUNCEMENT:02/11/2012 ORDER PER BENCH ; THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS AP PLICATION FOR RECALLING THE ORDER DATED 19.03.2012 IN WHICH THIS BENCH HAS DISMISSED THE APPEAL FILED BY THE REVENUE IN LIMINE, BEING DEFECT IVE BECAUSE THE REVENUE HAS NOT RAISED GROUNDS OF APPEAL BEFORE THE TRIBUNA L AGAINST PENALTY U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 ( HEREINAFTER CALLED THE ACT). MA NO.27(ASR)/2012 2 2. NOW THE REVENUE HAS RECTIFIED THE DEFECTS AND R EQUESTED FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 19.03.2012 PASSED I N ITA NO.415(ASR)/2011 FOR THE A.Y. 2005-06. 3. NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE BUT NEITHER THE ASSESSEE NOR HIS AUTHORIZED REPRESENTATIVE APPEARED NOR FILE D ANY APPLICATION FOR ADJOURNMENT OF THE CASE. KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE MATTER IN DISPUTE. THEREFORE, WE HAVE DECIDED TO DISPOSE OF T HIS MISCELLANEOUS APPLICATION ON MERITS, AFTER HEARING THE LD. DR. 4. KEEPING IN VIEW THE AVERMENTS MADE BY THE REVENU E IN THE PRESENT MISCELLANEOUS APPLICATION AND RECTIFYING THE DEFECT S AS POINTED OUT BY THE REGISTRY, WE ARE OF THE VIEW THAT IT IS FIT CASE FO R RECALLING THE ORDER OF THE TRIBUNAL DATED 19.03.2012 AND ACCORDINGLY, WE RECAL L THE SAME. 5. AT THE TIME OF HEARING, THE LD. DR AGREED THAT T HE ISSUE INVOLVED IN THE MAIN APPEAL I.E. IN ITA NO.415(ASR)/2011 HAS ALREAD Y BEEN DECIDED BY THIS BENCH AND REQUESTED THAT THE MAIN APPEAL MAY ALSO B E DECIDED TODAY ITSELF. 6. KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES AND MERITS OF THE CASE, WE ARE OF THE VIEW THAT THE MAIN APPEAL CAN BE DISP OSED OF TODAY ITSELF. THEREFORE, WE FIX THE MAIN APPEAL I.E. IN ITA NO.41 5(ASR)/2011 FOR THE A.Y. MA NO.27(ASR)/2012 3 2005-06 FOR 02.11.2012 FOR FINAL HEARING. AS DISCU SSED ABOVE, THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS A LLOWED. 7. IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2ND NOVEMBER, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2ND NOVEMBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. PEE ELL ALLOYS, UNIT-II, JAMMU. 2. THE DCIT-1, JAMMU. 3. THE CIT(A) 4. THE CIT 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.