SS Oral Hygiene Products Pvt.Ltd., Hyderabad V. DCIT, Circle-3(2), Hyderabad

MA 58/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8661 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 27-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PHANI RAJU
• Assessee Lawyers: A V RAGHURAM
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 58/HYD/2012 IN ITA NO. 105/HYD/2011 ASSESSMENT YEAR 2006-07 M/S . SS ORAL HYGIENE PRODUCTS PVT. LTD. [NOW MERGED WITH COLGATE- PALMOLIVE (INDIA) LTD.] HYDERABAD PAN: AADCS4028C VS. THE DCIT CIRCLE-3(2) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI A.V. RAGHURAM RESPONDENT BY: SHRI PHANI RAJU DATE OF HEARING: 08. 0 6 .2012 DATE OF PRONOUNCEMENT: 08.06.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEE KS RECALL OF THE EX-PARTE ORDER OF THE TRIBUNAL DATED 6.4.201 1 IN ITA NO. 105/HYD/2011 FOR ASSESSMENT YEAR 2006-07. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THE HONBLE A.P. HIGH COURT SANCTIONED AMALGAMATION SCHEME BETW EEN SS ORAL (THE ASSESSEE) AND M/S. COLGATE PALMOLIVE (IND IA) LTD. (CPIL) WITH EFFECT FROM APRIL 1, 2008. THE ABOVE MENTIONED APPEAL WAS FILED WITH THE COVERING LETTER OF CPIL. HOWEVER, I NADVERTENTLY IN FORM 36 OLD ADDRESS WAS GIVEN WHERE OPERATIONS OF T HE ASSESSEE WERE ALREADY DISCONTINUED. LATER THE ASSESSEE MADE A REQUEST TO THE ASST. REGISTRAR OF ITAT, HYDERABAD TO TRANSFER ALL THE PENDING APPEALS OF THE ASSESSEE INCLUDING THE PRESENT APPEA L IN ITA NO. 105/HYD/2011 TO MUMBAI BENCHES OF ITAT. THE AR SUB MITTED THAT THE NOTICE SENT BY THE ITAT COULD NOT BE RECEI VED BY THE MA NO. 58 / HYD/2012 M/S. SS ORAL HYGIENE PRODUCTS PVT. LTD. ============================ 2 ASSESSEE DUE TO THE REASONS STATED ABOVE. BUT FOR THE ABOVE LAPSE, THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, THE LEARNED AR PRAYED THAT THE EX-PART E ORDER OF THE TRIBUNAL MAY BE RECALLED AND ONE MORE OPPORTUNITY M AY KINDLY BE PROVIDED TO THE ASSESSEE FOR CONTESTING ITS CASE ON MERIT, IN THE INTEREST OF JUSTICE AND FAIR PLAY. 3. THE LEARNED DR DOES NOT HAVE ANY SERIOUS OBJECTION FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD AS ALSO THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE. WE UNDERSTAND THE ASSESSEE WAS PREVENTED BY A REASO NABLE CAUSE IN APPEARING BEFORE THE TRIBUNAL ON THE SCHEDULED D ATE OF HEARING. MOREOVER, GIVING ONE MORE OPPORTUNITY TO THE ASSESS EE DOES NOT PREJUDICE THE INTEREST OF THE REVENUE. ACCORDINGLY , THE EX-PARTE ORDER OF THE TRIBUNAL DATED 6.4.2011 IN ITA NO. 105 /HYD/2011 IS HEREBY RECALLED AND THE APPEAL IS RESTORED ON THE F ILE OF THE TRIBUNAL. NOW THE APPEAL WILL BE HEARD ON 12.9.201 2. AS THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, NO SEPAR ATE NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTICE OF HEARING. 5. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 8 TH JUNE, 2012 MA NO. 58 / HYD/2012 M/S. SS ORAL HYGIENE PRODUCTS PVT. LTD. ============================ 3 COPY FORWARDED TO: 1. M/S. SS ORAL HYGIENE PRODUCTS PVT. LTD., C/O. M/S. COLGATE- PALMOLIVE (INDIA) LTD., COLGATE RESEARCH CENTRE, MA IN STREET, POWAI, MUMBAI-400 076. 2. THE DCIT, CIRCLE-3(2), HYDERABAD. 3. THE ADDL. CIT (TRANSFER PRICING), HYDERABAD. 4. THE DISPUTE RESOLUTION PANEL, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD. TPRAO