M/s. Trinity Charitable Trust, Pathanamthitta V. The ITO, Pathanamthitta

MA 72/COCH/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4699 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 09-09-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 14-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Assessee Lawyers: SAMUEL THOMAS
• Keywords: Charitable institution

Judgement Text

MP . 72 /C/2016 1 IN THE INCOME TAX APPEL L A TE T R IBUNAL COCHIN BENCH KOCHI BEFORE S/ SH RI B P JAIN , A M & GEORGE GEORGE K, JM MISCELLANEOUS PETITION NO. 7 2 /COCH/2016 ARISING OUT OF ITA NO 83 /COCH/201 6 ( A SST YEAR 20 10 - 11 ) TRIN I TY CHARITABLE TRUST PANNIYALI OMALLOOR PO PATHANAMTHITTA DIST KERALA 689 647 VS THE INCOME TAX OFFICER WARD 1 THIRUVALLA PATHANAMTHITTA ( APP LICANT ) (RESPONDENT) PAN NO. AABTT5443R ASSESSEE BY SH SAMUEL THOMAS REVENUE BY SH A DHANARAJ, SR DR DATE OF HEARING 9 TH SEPT 2016 DATE OF PRONOUNCEME NT 9 TH SEPT 2016 OR D ER PER B P JAIN, AM : TH E MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF THE TRIBUNAL IN ITA NO 83 / COCH/201 6 RELATING TO ASSESSM ENT YEAR 20 10 - 11 . 2 THE APPEA L OF THE ASSESSEE WAS DISMISSED IN LIMINE VIDE ORDER DATED 20 TH JUNE 2016 . NOW, BY TH IS MISCELLANEOUS APPLICATION, THE ASSESSEE REQUESTS THE TRIBUNAL TO RECALL ITS EX - PARTE ORDER DATED IN ITA NO .83 /COCH/201 6 AS THE MP . 72 /C/2016 2 ASSESSEE COULD NOT ATTEND THE HEARING ON THE GIVEN DATE AS EXPLAINED IN THE MISCELLANEOUS APPLICATION. 3 WE HAVE HEARD THE RIVAL SUBMISSIONS. CONSIDERING THE FACTS BROUGHT ON RECORD, WE ARE OF THE VIEW THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN NOT ATTENDING BEFORE THE TRIBUNAL ON THE DA TE OF HEARING. THEREFORE, WE RECALL OUR ORDER DATED 20 TH JUNE 2016 . 4 THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 3 RD OCT 2016 AS ANNOUNCED IN THE OPEN COURT AT THE TIME OF HEARING OF MISCELLANEOUS PETITION ON 9 TH SEPT 2016 . SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, THERE IS NO NEED TO SEND A SEPARATE NOTICE TO THE PARTIES. IT IS ORDERED ACCORDINGLY. 4 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 9 TH DAY OF SEPT 2016 . SD/ - S D / - ( GEORGE GEORGE K ) ( B P JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER COCHIN: DATED 9 TH , SEPT 2016 RAJ* MP . 72 /C/2016 3 COPY TO: 1 . APPELL ANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT , 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN