M/s.BRAHMOS AEROSPACE(Thiruvananthapuram) Ltd, Trivandrum V. The ACIT, Trivandrum

MA 63/COCH/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4426 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-07-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 15-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Assessee Lawyers: MEGHANA BENNY
• Section: 2

Judgement Text

MP 61 TO 63/C/29016 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH KOCHI BEFORE S/ SHRI B P JAIN , AM & GEORGE GEORGE K, JM MISCELLANEOUS PETITION ITA NO S 61 TO 63/COCH/2016 ARISING OUT OF ITA NOS 100 TO 102/COCH/2015 (A SST YEAR S 2009 - 10 TO 2011 - 12 ) M/S BRAHMOS AERO SPACE THIRUVANANTHAPURAM LTD AIRPORT ROAD CHACKAI TRIVANDRUM - 07 VS THE ASST COMMR OF INCOME T0041 CIRCLE 1(1) TRIVANDRUM ( APPELLANT) (RESPONDENT) PAN NO. AABCK 2217K ASSESSEE BY MS MEGHANA BENNY REVENUE BY SH A DHANARAJ, SR DR DATE OF HEARING 29 TH JU LY 2016 DATE OF PRONOUNCEMENT 29 TH JU LY 2016 ORDER PER B P JAIN, AM : TH ESE MISCELLANEOUS APPLICATION , FILED BY ASSESSEE , ARE ARISING OUT OF THE COMMON ORDER DATED 5.5.2016 OF THE TRIBUNAL IN ITA NO S 100 TO 102/COCH/2015 RELATING TO A SSESSMENT YEARS 2009 - 10 TO 2011 - 12 . 2 THE SE APPEAL S OF THE ASSESSEE W ERE DISMISSED IN LIMINE VIDE ORDER DATED 5 TH MAY2016. NOW, BY TH IS MISCELLANEOUS APPLICATION, THE ASSESSEE S REQUEST THE TRIBUNAL TO RECALL ITS EX - PARTE ORDER DATED I N ITA NO S 100 TO 102/COCH/2015 AS THE ASSESSEE S COULD NOT ATTEND THE HEARING ON THE GIVEN DATE AS EXPLAINED IN THE MISCELLANEOUS APPLICATION. MP 61 TO 63/C/29016 2 3 WE HAVE HEARD THE RIVAL SUBMISSIONS. CONSIDERING THE FACTS BROUGHT ON RECORD, WE ARE OF THE VIEW THAT THE ASSESS EE W AS PREVENTED BY SUFFICIENT CAUSE IN NOT ATTENDING BEFORE THE TRIBUNAL ON THE DATE OF HEARING. THEREFORE, WE RECALL OUR ORDER DATED 22 ND AUG 2016 . 4 THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 22ND AUG 2016 AS ANNOUNCED IN THE OPEN COUR T AT THE TIME OF HEARING OF M PS ON 29 TH JULY 2016 . SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, THERE IS NO NEED TO SEND SEPARATE NOTICES TO THE PARTIES. IT IS ORDERED ACCORDINGLY. 4 IN THE RESULT, THE MISCELLANEOUS APPLICATION S FILED BY T HE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF JULY 2016 . SD/ - SD/ - ( GEORGE GEORGE K ) ( B P JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER COCHIN: DATED 29 TH JULY 2016 RAJ* COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT, 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN