Tamil Nadu Mercantile Bank Ltd., Tuticorin V. DCIT, Tuticorin

MA 343/CHNY/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5746 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 27-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . , ' , % & BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER MISCELLANEOUS PETITION NO S . 342 & 343 /MDS/20 16 (IN ITA NOS.1893/MDS/2016 & CO NO.108/MDS/2016 (IN ITA NO.1893/MDS/2016), ITA NO.1400/MDS/2016) %' ' /ASSESSMENT YEAR: 2012-13 M/S.TAMILNADU MERCANTILE BANK LTD., 57, V.E. ROAD, TUTICORIN-628 002. VS. THE DY. COMMISSIONER OF- INCOME TAX, CIRCLE-I, TUTICORIN. [PAN: AAACT 5558 K ] ( ( /APPELLANT) ( )* ( /RESPONDENT) ( + / APPELLANT BY : MR. S.SRIDHAR, ADV. )*( + /RESPONDENT BY : MR. ARV.SREENIVASAN, JCIT + /DATE OF HEARING : 02.02.2018 + /DATE OF PRONOUNCEMENT : 02.02.2018 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : MP NOS.342 & 343/MDS/2016 ARE THE MISCELLANEOUS PE TITIONS FILED BY THE ASSESSEE IN ITA NOS.1893/MDS/2016 & CO NO.108/MDS/2016 (IN ITA NO.1893/MDS/2016), IN ITA NO.1400/MDS/2016 FOR THE AY 2012-13. MP NOS.342 & 343/MDS/2016 (IN ITA NOS.1893 & 1400/MDS/2016) :- 2 -: 2. SHRI ARV.SREENIVASAN, JCIT, REPRESENTED ON BEHAL F OF THE REVENUE AND SHRI S.SRIDHAR, ADV., REPRESENTED ON BE HALF OF THE ASSESSEE. 3. IT WAS SUBMITTED BY THE LD.AR THAT THE APPEALS H AVE BEEN DISMISSED ON ACCOUNT OF NON-REPRESENTATION. IT WAS A SUBMISSION THAT THE REVENUES APPEAL HAS BEEN ALLOWED AND THE APPEAL & THE CROSS-OBJECTION OF THE ASSESSEE HAS BEEN DISMISSED. IT WAS A SUBMISSION THAT THE NON-REPRESENTATION WAS NOT WILL FUL BUT WAS ON ACCOUNT OF MISTAKEN INFORMATION THAT THE APPEAL OF THE ASSESSEE WAS NOT LISTED FOR HEARING ON 20.09.2016. IT WAS A PRA YER THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED AND THE REVENUES A PPEAL AND THE CROSS-OBJECTION HAVE BEEN DISPOSED OFF AFTER GRANTI NG THE ASSESSEE OF BEING HEARD. 4. IN REPLY, THE LD.DR DID NOT RAISE ANY SERIOUS OB JECTION. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. 6. THE ASSESSEE HAS GIVEN THE EXPLANATION FOR NON-R EPRESENTATION ON 20.09.2016 AND THE SAME HAS NOT BEEN FOUND TO BE FALSE. CONSEQUENTLY, THE ORDER OF THE TRIBUNAL IN ITA NO.1 400/MDS/2016 FOR THE AY 2012-13 & CO NO.108/MDS/2016 FOR THE AY 2012-13 MP NOS.342 & 343/MDS/2016 (IN ITA NOS.1893 & 1400/MDS/2016) :- 3 -: STANDS RECALLED AND THE APPEALS ARE POSTED FOR HEAR ING ON 04.04.2018. NO NOTICE TO BE SERVED TO THE PARTIES AS THE ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT. 7. IN THE RESULT, THE MISCELLANEOUS PETITIONS FILE D BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 02, 2018, AT CHENNAI. SD/- SD/- ( . ) (ABRAHAM P.GEORGE) /ACCOUNTANT MEMBER ( ' ) (GEORGE MATHAN) % /JUDICIAL MEMBER /CHENNAI, 2 /DATED: FEBRUARY 02, 2018. TLN + )%34 54 /COPY TO: 1. ( /APPELLANT 4. 6 /CIT 2. )*( /RESPONDENT 5. 4 )%% /DR 3. 6 ( ) /CIT(A) 6. ' /GF