The Payyannur Service Co-op Bank Ltd, Payyannur V. The ITO, Kannur

MA 7/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2009 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-03-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 02-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Keywords: Reasonable cause

Judgement Text

1 M.P. NO.07/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) M.A NO 07/COCH/2014 (ARISING OUT OF I.T.A NO.325/COCH/2012) (ASSESSMENT YEAR 2009-10) THE PAYYANNUR SERVICE CO-OPERATIVE VS THE ITO, WD. 4 BANK LTD, PAYYANNUR KANNUR PAN : AAABP0133D (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI MATHEW JOSEPH RESPONDENT BY : SHRI K.K. JOHN, SR DR DATE OF HEARING : 28-03-2014 DATE OF PRONOUNCEMENT : 28-03-2014 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETIT ION TO RECALL THE ORDER OF THIS TRIBUNAL DATED 22-10-2013. 2. SHRI MATHEW JOSEPH, THE LD.REPRESETATIVE FOR THE ASSESSEE SUBMITTED THAT THE APPEAL WAS POSTED FOR HEARING ON VARIOUS O CCASIONS AND FINALLY ON 26-02-2013. ACCORDING TO THE LD.REPRESENTATIVE, TH E ASSESSEE FAILED TO REMIND THE REPRESENTATIVE FOR THE ASSESSEE WITH REG ARD TO THE POSTING OF APPEAL. THE LD.REPRESENTATIVE FURTHER SUBMITTED TH AT HE REGULARLY APPEARED 2 M.P. NO.07/COCH/2014 IN ALL HEARINGS DATES AND THAT ONLY BECAUSE OF THE INADVERTENT OMISSION ON THE PART OF THE ASSESSEE TO INFORM THE LD.REPRESENT ATIVE ABOUT THE DATE OF HEARING, HE COULD NOT APPEAR BEFORE THIS BENCH ON 2 2-10-2013. THEREFORE, HE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THIS TRIBUNAL ON 22-10-2013. ACCORDING TO THE LD.REPRESENTATIVE, AN OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE TO REPRESENT THE MATTER ON ME RIT 3, WE HEARD SHRI K.K. JOHN, THE LD.DR ALSO. ACCORD ING TO THE LD.DR, THE ASSESSEE HAS NO REASONABLE CAUSE FOR NON APPEAR ANCE BEFORE THIS TRIBUNAL ON 22-10-2013. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSE SSEE PRAYS FOR AN OPPORTUNITY TO HEAR THE APPEAL ON MERIT ON THE GROU ND THAT BY INADVERTENT OMISSION ON THE PART OF THE ASSESSEE HIS REPRESENTA TIVE COULD NOT APPEAR BEFORE THIS TRIBUNAL ON 22-10-2013. THE OBJECT OF THE INCOME-TAX ACT IS TO COMPUTE THE CORRECT TAXABLE INCOME, LEVY TAX THEREO N AND COLLECT TAX. THE GOVERNMENT IS NOT INTERESTED IN RETAINING THE TAX P AYERS MONEY ON TECHNICAL GROUND. MOREOVER, THE GOVERNMENT CANNOT KEEP THE TAX PAYERS MONEY ON TECHNICALITIES, IF IT IS NOT OTHERWISE AUT HORIZED BY LAW ENACTED BY PARLIAMENT. THE ASSESSEE DUE TO INADVERTENCE COULD NOT APPEAR BEFORE THIS TRIBUNAL WHEN THE APPEAL WAS TAKEN UP FOR HEAR ING. THEREFORE, THIS 3 M.P. NO.07/COCH/2014 TRIBUNAL IS OF THE CONSIDERED OPINION THAT THERE WA S SUFFICIENT CAUSE ON THE PART OF THE ASSESSEE FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 22-10-2013 WHEN THE APPEAL WAS TAKEN UP FOR HEARING. THEREFOR E, IN EXERCISE OF POWERS CONFERRED ON THIS TRIBUNAL UNDER PROVISO TO SECTION 24 OF THE INCOME-TAX (APPELLATE TRIBUNAL) RULES, 1963, THE OR DER OF THIS TRIBUNAL DATED 22-10-2013 IS HEREBY RECALLED. 5. NOW THE APPEAL OF THE ASSESSEE STANDS RESTORED O N THE FILE OF THIS TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APP EAL FOR FINAL HEARING ON 02- 05-2014. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, NOTICE OF HEARING SHALL NOT BE ISSUED TO EITHER PARTY FOR HEARING ON 02-05-2014. IN OTHER WORDS, COPY OF THIS ORDER SHALL BE TREATED AS NOTICE OF HEARING. 6. WITH THE ABOVE OBSERVATIONS, THE MISCELLANEOUS P ETITION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH MARCH, 2014. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 28 TH MARCH, 2014 PK/- 4 M.P. NO.07/COCH/2014 COPY TO: 1. THE PAYYANNUR SERVICE CO-OPERATIVE BANK LTD, MAI N ROAD, PAYYANNUR, KANNUR 670 307 2. THE ITO, WD.4, KANNUR 3. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE 4. THE COMMISSIONER OF INCOME-TAX(A)-II, AAYAKAR BH AVAN, MANANCHIRA, KOZHIKODE 673 001 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH