M/s.Mary Immaculate Mission Hospital, Trichur V. The ITO, Trichur

MA 58/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2011 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-07-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 17-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Assessee Lawyers: JOSE POTTOKKARAN
• Keywords: Sale consideration of property below Jantri Value; Reasonable cause

Judgement Text

1 MA NO.58/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) M.A. 58/COCH/2014 (ARISING OUT OF I.T.A NO. 814/COCH/2013) (ASSESSMENT YEAR 2007-08) MARY IMMACULATE MISSION HOSPITAL VS ITO, WD.1(1) ENGANDIYUR, THRISSUR 680 615 THRISSUR PAN : AAAAM1950C (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI JOSE POTTOKKARAN RESPONDENT BY : SMT. LATHA V KUMAR, JR DR DATE OF HEARING : 18-07-2014 DATE OF PRONOUNCEMENT : 18-07-2014 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETIT ION PRAYING FOR RECALL OF THE ORDER OF THE TRIBUNAL DATED 05-03-201 4. 2. SHRI JOSE POTTOKKARAN, THE LD.REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE RECEIVED THE NOTICE OF HEARING AND THE SAME WAS HANDED OVER TO THE LD.REPRESENTATIVE FOR THE AS SESSEE. HOWEVER, THE LD.REPRESENTATIVE FOR THE ASSESSEE DID NOT APPEAR B EFORE THE TRIBUNAL DUE TO UNAVOIDABLE CIRCUMSTANCES. ACCORDING TO THE LD. REPRESENTATIVE, THERE IS 2 MA NO.58/COCH/2014 NO FAULT ON THE PART OF THE ASSESSEE. THE ASSESSEE WAS UNDER THE IMPRESSION THAT THE LD.REPRESENTATIVE WOULD APPEAR BEFORE THIS TRIBUNAL. WE HEARD SMT. LATHA V KUMAR, THE LD.DR ALSO. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE APP EAL OF THE ASSESSEE WAS FIXED FOR HEARING ON 05-03-2014. HOWEVER, NO O NE APPEARED FOR THE ASSESSEE IN SPITE OF RECEIPT OF NOTICE. THE LD.REP RESENTATIVE NOW SUBMITS THAT HE COULD NOT APPEAR BEFORE THIS TRIBUNAL DUE T O UNAVOIDABLE CIRCUMSTANCES EVEN THOUGH THE NOTICE OF HEARING WAS HANDED OVER BY THE ASSESSEE TO HIM. IT IS NOT IN DISPUTE THAT THE ASS ESSEE DILIGENTLY APPROACHED THE LD.REPRESENTATIVE FOR THE ASSESSEE A ND HANDED OVER THE HEARING NOTICE. THEREFORE, THE ASSESSEE WAS UNDER THE IMPRESSION THAT THE LD.REPRESENTATIVE FOR THE ASSESSEE WOULD APPEAR BEF ORE THIS TRIBUNAL. IN THOSE CIRCUMSTANCES, THE ASSESSEE COULD NOT APPEAR BEFORE THIS TRIBUNAL. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE RE WAS A REASONABLE CAUSE ON THE PART OF THE ASSESSEE IN NOT APPEARING BEFORE THIS TRIBUNAL. MOREOVER, GIVING ONE MORE OPPORTUNITY TO THE ASSESS EE WOULD NOT PREJUDICE THE INTEREST OF THE REVENUE. THIS TRIBUN AL IS OF THE CONSIDERED OPINION THAT GIVING SUCH OPPORTUNITY WOULD DEFINITE LY PROMOTE THE CAUSE OF JUSTICE. ACCORDINGLY IN EXERCISE OF JURISDICTION O F THIS TRIBUNAL PROVIDED 3 MA NO.58/COCH/2014 UNDER PROVISO TO RULE 24 OF THE INCOME-TAX (APPELLA TE TRIBUNAL) RULES, 1963, THE ORDER OF THIS TRIBUNAL DATED 05-03-2014 I S HEREBY RECALLED. 4. NOW THE APPEAL OF THE ASSESSEE IN ITA NO.814/COC H/2013 STANDS RESTORED ON THE FILE OF THIS TRIBUNAL. THE REGISTR Y IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 20-08-2014. SINCE THE DATE OF HEARING HAS BEEN PRONOUNCED IN THE OPEN COURT, NO NOTICE SHALL BE ISSUED TO EITHER PARTY. IN OTHER WORDS, COPY OF THIS ORDER SHALL BE TREATED AS NOTICE OF HEARING FOR THE HEARING ON 20-08-2014. 5. IN THE RESULT, MISCELLANEOUS PETITION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18 TH JULY, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 18 TH JULY, 2014 PK/- COPY TO: 1. M/S MARY IMMACULATE MISSION HOSPITAL, ENGANDIYUR , THRISSUR 680 615 2. ITO, WD.1(1), THRISSUR 680 001 3. THE COMMISSIONER OF INCOME-TAX, THRISSUR 4. THE COMMISSIONER OF INCOME-TAX(A)-V, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH