M/s.Pathanmthitta Dist. Co-op Bank Ltd, Pathanamthitta V. The DCIT, Thiruvalla

MA 37/COCH/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8075 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-07-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 17-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFOR E S / SHRI C HANDRA POOJARI, AM & GEORGE GEORGE K., J M M.P. NO . 37 /COCH/201 9 (ARSG. OUT OF I .T . A. NO. 431 / C OCH/20 1 8 ) ( ASSESSMENT YEAR : 20 14 - 15) M/S. PATHNAMTHITTA DISTRICT CO - OPERATIVE BANK LTD., NEAR KSRTC BUS STAND, MYLAPRA ROAD, PATHNAMTHITTA - 689 645. [PAN: AABFP 9182H] VS. THE DEPUTY COMMISSIONER OF I NCOME - TAX, CIRCLE - 1, THIRUVALLA. (ASSESSEE - APPELLANT) (REVENUE - RESPONDENT) ASSESSEE BY S HRI RENOY VINCENT , ADV. REVENUE BY S MT. A.S. BINDHU, SR. DR DATE OF HEARING 1 2 /0 7 /2019 DATE OF PRONOUNCEMENT 1 2 /0 7 /2019 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO RECALL THE EXPARTE ORDER OF THE TRIBUNAL IN ITA NO. 4 31 /CO CH/201 8 DATED 04/0 3 /201 9 FOR THE ASSESSMENT YEAR 20 14 - 15 . 2. THE LD. AR SUBMITTED THAT THE TRIBUNAL DISPOSED OFF THE APPEAL EXPARTE AND DECIDED THE APPEAL AGAINST THE ASSESSEE. THE LD. AR SUBMITTED THAT THE WHEN THE ABOVE APPEAL WAS POSTED ON 06/02/2019, THE TRIBUNAL HAD ADJOU RNED THE M.P. NO . 3 7 / COCH/201 9 2 MATTER TO 04/03/2019. IT WAS SUBMITTED THAT DUE TO AN INADVERTENT OMISSION OF THE STAFF ATTACHED TO THE OFFICE OF THE COUNSEL, THE NEXT POSTING DATE OF THE CASE WAS WRONGLY NOTED IN THE CASE DIARY ON 05/03/2019 INSTEAD OF ACTUAL POSTING DATE, SIN CE 04/03/2019 WAS A HOLIDAY FOR KERALA HIGH COURT ON ACCOUNT OF SIVARATHRI. IT WAS SUBMITTED THAT DESPITE BEST EFFORTS, THE ADJOURNMENT LETTER COULD BE SENT ONLY BY 10.45 AM AND THE SAME DID NOT REACH THE TRIBUNAL FOR CONSIDERATION WHICH RESULTED IN DISMI SSAL OF THE APPEAL ON 04/03/2019. IT WAS SUBMITTED THAT THE ASSESSEE BANK SUPPORTS, NURTURES AND BOOSTS THE LOCAL ECONOMY BY PROVIDING MUCH NEEDED FINANCIAL FACILITIES AND ASSISTANCE TO BUSINESSES, TRADE AND INDUSTRY AND IF THE DEMAND CONFIRMED IN THE IMP UGNED ORDER IS SUSTAINED, IT CAUUSE SEVERE HARDSHIPS, IRREPARABLE INJURIES AND INSURMOUNTABLE LOSSES TO THE ASSESSEE - BANK. THE LD. AR SUBMITTED THAT IT WILL HAVE A GOOD CASE OF SUCCEEDING IN THE APPEAL. IT WAS SUBMITTED THAT THERE WAS NO WILLFUL LATCHES OR NEGLIGENCE ON THE PART OF THE ASSESSEE FOR NOT APPEARING ON THE SAID DATE OF HEARING BEFORE THE TRIBUNAL. THUS, IT WAS PRAYED THAT THE EX - PARTE ORDER DATED 04/03/2019 MAY BE RESTORED FOR HEARING ON MERITS. 3 . WE HAVE HEARD THE RIVAL SUBMISSIONS AN D PERUSED THE RECORD. AS PER RULE 24 OF THE INCOME TAX RULES, 1963, WHENEVER AN APPEAL HAS BEEN DISPOSED OFF ON MERIT, AND THE ASSESSEE S ATISFIES THE TRIBUNAL THAT THERE IS GOOD AND SUFFICIENT CAUSE FOR HIS NON APPEARANCE WHEN THE APPEAL WAS CALLED FOR HE ARING, THEN THE TRIBUNAL SHALL MAKE AN ORDER SETTING ASIDE THE EX PARTE O RDER AND RESTORE THE M.P. NO . 3 7 / COCH/201 9 3 APPEAL. THE LD. AR HAS FILED THE PETITION DATED 05/07/2019 STATING THAT THE HEARING DATE WAS WRONGLY NOTED BY THE STAFF OF THE COUNSEL AS 05/03/2019. BEING SO, WE FIND THAT THERE IS GOOD AND SUFFICIENT CAUSE FOR NON - APPEARANCE OF THE AUTHORIZED REPRESENTATIVE BEFORE THE TRIBUNAL ON 04/0 3 /2019 . ACCORDINGLY , WE RECALL THE EARLIER ORDER OF THE TR I BU N AL DATED 04/0 3 /2019 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING ON 06/ 08 2019 . 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. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 12/07 /2019. SD/ - SD/ - ( GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 1 2/0 7 /2 019 GJ COPY TO: 1 . M/S. PATHNAMTHITTA DISTRICT CO - OPERATIVE BANK LTD., NEAR KSRTC BUS STAND, MYLAPRA ROAD, PATHNAMTHITTA - 689 64 5. 2. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 1, THIRUVALLA. 3. THE COMMISSIONER OF INCOME - TAX(APPEALS) , KOTTAYAM M.P. NO . 3 7 / COCH/201 9 4 4. T HE PR. COMMISSIONER OF INCOME - TAX , KOTTAYAM. 5 . D. R., I.T.A.T., COCHIN BENCH, COCHIN. 6 . GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN