Kancor Ingredients Ltd, Ernakulam V. The ACIT, Cochin

MA 35/COCH/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7024 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM M.P. NO S . 34 & 35/C OCH/2 01 8 (ARSG. OUT OF I.T.A. NOS.351 & 352/COCH/2014) ( ASSESSMENT YEAR S : 2 0 0 8 - 09 & 2009 - 10 ) M/S. KANCOR INGREDIENTS LTD., XVII/138, KANAKKAKADAVU ROAD, ANGAMALY SOUTH, KOCHI-683 [PAN : AAACK 9969R] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(2), KOCHI. (ASSESSEE - APPELLANT) (REVENUE - RESPONDENT) ASSESSEE BY SHRI ABRAHAM JOSEPH MARKOS , ADV. REVENUE BY NONE DATE OF HEARING 17 / 0 8 /2018 DATE OF PRONOUNCEMENT 17 / 0 8 /2018 O R D E R PER CHANDRA POOJARI: AM THESE MISCELLANEOUS APPLICATIONS U/S. 254(2) OF THE INCOME-TAX ACT, 1961 HAD BEEN PREFERRED BY THE ASSESSEE PRAYING FOR THE RECALLING OF THE EXPARTE ORDER OF THE TRIBUNAL DATED 21/03/2018, PASSED IN ITA NOS.351&352/COCH/2014 FOR THE ASSESSMENT YEARS 2008-09 AND 2009-10. M.P. NOS.34&35/COCH/2018 2 2. THE ASSESSEE VIDE THE PRESENT MISCELLANEOUS APPLICATIONS SUBMITTED THAT THE TRIBUNAL HAD DISMISSED THE APPEALS OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS PREVENTED BY REASONABLE CAUSE FOR APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING. UNDER THESE CIRCUMSTANCES AND IN THE LIGHT OF THE SUBMISSION MADE THROUGH THIS PETITION, THE ASSESSEE PRAYED FOR THE CANCELLATION OF THE ORDER DISMISSING THE APPEALS AND FURTHER PRAYED FOR THE RESTORATION OF THE APPEALS. 3. NONE APPEARED FOR THE DEPARTMENT. HAVING REGARD TO THE SUBMISSIONS MADE BEFORE US, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR THE ASSESSEE FOR NOT APPEARING BEFORE THE BENCH ON THE DATE OF HEARING. ACCORDINGLY, IN EXERCISE OF THE POWER VESTED UPON THE BENCH UNDER RULE 24 AND RULE 25 OF THE APPELLATE TRIBUNAL RULES, WE RECALL THE ORDER DATED 21/03/2018 ABOVE AND DIRECT THE REGISTRY TO POST THE APPEALS FOR FINAL HEARING ON 25/09/2018 SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THE REGISTRY NEED NOT SEND SEPARATE NOTICE OF HEARING TO THEM, I.E., THE PRESENT ORDER SHALL ALSO BE CONSTRUED AS NOTICE OF HEARING, WHICH MAY BE TAKEN NOTE OF BY BOTH THE PARTIES. WE ALSO DIRECT THE ASSESSEE TO APPEAR BEFORE THE TRIBUNAL ON THE DATE OF HEARING AND NOT TO SEEK ADJOURNMENT WITHOUT REASONABLE CAUSE. M.P. NOS.34&35/COCH/2018 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEES ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST, 2018. SD/- SD/- (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 17 TH AUGUST, 2018 GJ COPY TO: 1. M/S. KANCOR INGREDIENTS LTD., XVII/138, KANAKKAKADAVU ROAD, ANGAMALY SOUTH, KOCHI-683 573. 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(2), KOCHI. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS)-II, KOCHI. 4. THE PR. COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN