M/s. Khevana Securities and Finstock Ltd., Baroda V. The Income Tax Officer, Ward-1(1)(4), Vadodara

MA 294/AHD/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8651 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 22-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rectification of order; Reasonable cause

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO. 294/AHD/2018 A.Y. 2 011-12 ( IN I.T.A. NO. 1427/AHD/2017 - A.Y. 2011-12 ) M/S. KHEVANA SECURITIES & FINSTOCK LTD. D-307, PAYAL COMPLEX, SAYAJIGUNJ, BARODA-390005 / VS. THE INCOME TAX OFFICER WARD 1(1)(4), VADODARA / / PAN/GIR NO. : AABCK5705G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : RASHMIKANT MODI, A.R. / RESPONDENT BY : SHRI MUDIT NAGPAL, SR. D.R. / DATE OF HEARING 05/04/2019 !'# / DATE OF PRONOUNCEMENT 08/04/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN FI LED AT THE INSTANCE OF ASSESSEE SEEKING RECTIFICATION OF ORDER DATED 28.05.2018 PASSED BY THE TRIBUNAL UNDER S. 254(1) OF THE ACT. 2. WHEN THE MATTER WAS CALLED FOR HEARING, THE LEAR NED AR FOR THE ASSESSEE VIDE ITS MISCELLANEOUS APPLICATION CONTEND ED AS UNDER: THE APPEAL FOR THE ASSN. YEAR 2011-12 WAS FILED ON 12.06.2017 WITH HON. INCOME TAX APPELLATE TRIBUNAL. A BENCH, AHMEDABAD . IT IS LEARNT FROM THE APPELLATE ORDER TAKEN FROM THE INTERNET THAT TH E FIRST HEARING WAS FIXED ON 15.03.2018. FURTHER, THE CASE WAS ADJOURNED TO 2 3.04.2018 AND THEN IT M.A. NO. 294/AHD/18 [M/S. KHEVANA SECURITIES & FINSTOCK LTD. VS. ITO] A.Y. 2011-12 - 2 - WAS HEARD ON 17.05.2018. THE APPEAL WAS HEARD EX-PA RTE ON 17.05.2018 AND IT WAS PRONOUNCED ON 28.05.2018. THE APPEAL IS DISMISSED VIDE ORDER DATED 28.05.2018 FOR THE REASON THAT NEITHER ANYONE WAS PRESENT ON BEHALF OF THE APPELLA NT NOR WAS ANY APPLICATION FOR ADJOURNMENT WAS RECEIVED WHEN THE M ATTER WAS CALLED UP FOR THE HEARING. IT IS FURTHER LEARNT THAT THE NOTI CE OF HEARING WAS SENT TO THE ASSESSES BY RPAD ON RECORD TO THE ADDRESS FURNI SHED IN FORM 36 WAS ALSO RETURNED UNSERVED AND THERE WAS NO OTHER ADDRE SS WAS PROVIDED BY THE ASSESSEE. THEREFORE, THE APPEAL WAS DISMISSED I N LIMINE BY APPLYING THE RATIO OF THE DECISION OF MULTIPLAN FOR NON REPR ESENTATION ON THE DATE OF HEARING. A COPY OF ORDER PASSED BY THE HON. INCOME TAX APPELLATE TRIBUNAL. A- BENCH. AHMEDABAD TAKEN FROM THE INTERN ET IS ENCLOSED. THE INCOME TAX MATTER WAS ORIGINALLY HANDLED BY MR. NAGMANI IYER THE ERSTWHILE DIRECTOR OF THE COMPANY WHO UNFORTUNATELY DIED ON 14 TH JUNE, 2015 AND THE ADDRESS WAS GIVEN OF HIS CHARTERED ACC OUNTANT WHOSE ADDRESS WAS D-307. PAYAL COMPLEX. SAYAJIGUNJ. BAROD A. GUJARAT - 390005. HOWEVER, AFTER HIS DEATH, THE OTHER DIRECTO RS RELATIONS WITH THE AFORESAID CHARTERED ACCOUNTANT WAS STRAINED AND THE SAID CHARTERED ACCOUNTANT DID NOT ACCEPT THE NOTICES AND INFORM TH E ASSESSEE. HENCE, THERE WAS A NON COMMUNICATION WITH THE ASSES SEE COMPANY AND THE EARLIER CHARTERED ACCOUNTANT. THE DIRECTOR OF THE C OMPANY WHO WAS THE DAUGHTER OF THE DECEASED SHRI NAGMANI IYER DID NOT KNOW THE DETAILS OF INCOME TAX MATTERS AND THERE WAS NO ONE TO ADVISE H ER. HENCE, THE FAILURE ON THE PART OF THE ASSESSEE COMPANY. THIS FAILURE WAS UNINTENTIONAL AND HENCE IT IS PRAY ED THAT THE APPEAL MAY KINDLY BE RECALLED AND THE ASSESSEE MAY BE GIVEN AN OPPORTUNITY TO REPRESENT THE MATTER. IT IS SUBMITTED THAT NO FURTH ER ADJOURNMENT WILL BE ASKED FOR AND 1 AM ALSO GIVING THE PRESENT ADDRESS OF THE ASSESSEE COMPANY WHICH IS DETAILED BELOW: KHEVANA SECURITIES AND FINSTOCK LTD C/O CHITRA MAYEKAR C WING. AAKAR SOCIETY, FLAT NO:6,RH 28,NEAR MODEL COLLEGE BUS STOP. NIWASI. MIDC, DOMBIVALI (EAST). THANE: 421204. HENCE IT IS PRAYED THAT (I)THE HONOURABLE TRIBUNAL MAY KINDLY RECALL THE OR DER; (II)THE HON. TRIBUNAL SHALL ANY APPROPRIATE DECISIO N IN HEARING THE APPEAL OR DECIDE THE APPEAL ON MERIT AS DEEMED FIT BY THE HON. TRIBUNAL. THIS IS A MISTAKE APPARENT FROM RECORD AND THEREFOR E 1 REQUEST YOUR HONOR TO RESTORE THE APPEAL AND RE-FIX THE HEARING OR DO AS DEEMED FIT BY THE HON. TRIBUNAL. 3. AFTER CONSIDERING THE CIRCUMSTANCES EXISTING IN THE CASE AND THE SUBMISSIONS OF THE ASSESSEE, WE ARE SATISFIED THAT THE REASONABLE CAUSE EXISTED FOR FAILURE ON THE PART OF THE ASSESSEE TO APPEAR BEFORE THE M.A. NO. 294/AHD/18 [M/S. KHEVANA SECURITIES & FINSTOCK LTD. VS. ITO] A.Y. 2011-12 - 3 - ITAT ON THE DATE OF HEARING. ACCORDINGLY, WE RECALL THE ORDER OF THE ITAT AHMEDABAD BENCH 'A' PASSED IN ITA NO. 1427/AHD /2017 DATED 28/05/2018(SUPRA) AND DIRECT THE REGISTRY TO LIST T HE APPEAL FOR FRESH HEARING ON 15/07/2019 FIXED IN CONSULTATION WITH BO TH THE SIDES PRESENT. THEREFORE, FORMAL NOTICE OF HEARING IS DIS PENSED WITH THE CONSENT OF BOTH PARTIES. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. SD/- SD/- (RAJPAL YADAV) (PRADIP K UMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 08/04/2019 TRUE COPY S. K. SINHA ! / COPY OF ORDER FORWARDED TO:- & / REVENUE 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 : / GUARD FILE. BY ORDER / 4 / 5 *+#4 56) THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 0 8/04/2019