M/s Old Goa Urban Co-op. Credit Society Ltd., Goa V. The Assistant Commissioner of Income Tax, Circle-1(1), Panaji., Panaji

MA 43/PAN/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4577 (ITAT-PANAJI)
• Duration Of Justice: 1 year(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 15-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: CHINMAY S KAMAT
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER M.A.NO. 4 3/PAN/2015 ( ITA NO. 175 /PN J /201 4 ) (ASST. YEAR : 20 09 - 1 0 ) M/S. OLD GOA URBAN CO - OPERATIVE CREDIT SOCIETY LTD., PANCHAYAT BUILDING OLD GOA, NEAR POLICE OUT POST, OLD GOA. VS. AC IT, CIRCLE - 1 (1) , PANAJI - GOA . PAN NO. AAAAC 0421 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI CHINMAY S. KAMAT C A DEPARTMENT BY : SHRI R.N. SIDDAPPAJI - DR DATE OF HEARING : 2 9 / 0 7 /201 6 . DATE OF PRONOUNCEMENT : 29 / 0 7 /201 6 . O R D E R PER NARENDRA S. SAINI , ACCOUNTANT MEMBER THIS IS A MISC. APPLICATION FILED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 14/08/2014 PASSED IN ITA NO. 175/PNJ/2014 IN THE ASSESSMENT YEAR 2009 - 10. 2. THE GRIEVANCE OF THE ASSESSEE IN THIS MISC. APPLICATION IS THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED BY THE TRIBUNAL EXPARTE QUA THE RESPONDENT - ASSESSEE . 3 . THE ASSESSEE HAS FILED AN AFFIDAVIT DATED 08/07/2015 SWORN BEFORE THE NOTARY PUBLIC SHRI MEERA MEDHEKAR WHEREIN IT HAS BEEN AVERRED THAT THE ASSESSEE IS THE CHAIRMAN OF M/S. OLD GOA URBAN 2 M.ANO.43/PAN/2015 ( ITA NO. 175/PNJ/2014) CO - OPERATIVE CREDIT SOCIETY LTD. IS ALSO A MEMBER OF GOA LEGISLATIVE ASSEMBLY. THE ASSEMBLY SESSION WAS GOING - ON FROM 22/07/2014 TO 21/08/2014. THE A PPEAL WAS FIXED FOR HEARING ON 06/08/2014. THEREFORE, HE WAS UNABLE TO ATTEND THE HEARING OF THE APPEAL. IT IS ALSO STATED THAT FOR NOT BEING PRESENT ON THE DATE FIXED FOR HEARING, THE ASSESSEE HAD A GENUINE AND SUFFICIENT CAUSE AND, THEREFORE, THE ORDER OF THE TRIBUNAL DATED 14/08/2014 SHOULD BE RECALLED AND THE APPEAL SHOULD BE HEARD AFRESH. 4 . DEPARTMENTAL REPRESENTATIVE VEHEME NTLY OPPOSED THE MISC. APPLICATION OF THE ASSESSEE FOR RECALLING THE ORDER DATED 14/08/2014. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERUSING THE MATERIAL AVAILABLE ON RECORD, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSEE HAD SUFFICIENT AND REASONABLE CAUSE FOR NOT BEING PRESENT ON THE DATE OF HEARING OF THE APPEAL FIXED ON 06/08/2014. WE, THEREFORE, RECALL OUR ORDER DATED 06/08/2014 AND FIX THE APPEAL FOR HEARING ON 04/10/2016. BOTH THE PARTIES ARE INFORMED IN THE COURT, NOTICE OF H EARING IS DISPENSED WITH. 6 . IN THE RESULT, MISC. APPLICATION FILED BY THE ASSESSEE STAND S ALLOWED . ORDER PRONOUNCED IN THE COURT IN THE PRESENCE OF THE PARTIES AT THE CLOSE OF THE HEARING ON FRIDAY , THE 2 9 TH DAY OF JULY , 201 6 AT GOA . S D / - S D / - (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 2 9 TH JU LY , 201 6 . VR/ - 3 M.ANO.43/PAN/2015 ( ITA NO. 175/PNJ/2014) COPY TO: 1 . THE ASSESSEE. M/S. OLD GOA URBAN CO - OPERATIVE CREDIT SOCIETY LTD., PANCHAYAT BUILDING OLD GOA, NEAR POLICE OUT POST, OLD GOA. 2 . THE REVENUE : ACIT, CIRCLE - 1(1), PANAJI - GOA. 3 . THE CIT, PANAJI . 4 . THE CIT(A) , PANAJI . 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI