AMD Research & Development Center India Private Limited, Hyderabad V. Dy.CIT, Circle-1(1), Hyderabad

MA 76/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2075 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PHANI RAJU
• Assessee Lawyers: S RAGHUNATHAN
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 76/HYD/2014 ARISING FROM ITA NO. 86/HYD/2013 ASSESSMENT YEAR 2009-10 M/S. AMD RESEARCH & DEVELOPMENT CENTER INDIA PVT. LTD., HYDERABAD PAN: AABCC3447R VS. THE DEPUTY CIT CIRCLE-1(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI S. RAGHUNATHAN RESPONDENT BY: SRI PHANI RAJU DATE OF HEA RING: 0 6 .0 6 .2014 DATE OF PRONOUNCEMENT: 06 .06.2014 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: BY THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSE E SEEKS RECALL OF TRIBUNAL DATED 28.4.2014 IN ITA NO. 86/HYD/2013 WHEREIN THE TRIBUNAL DISMISSED APPEAL O F THE ASSESSEE FOR WANT OF PROSECUTION. 2. THE AR SUBMITTED THAT THE ASSESSEE DID NOT RECEIVE ANY NOTICE OF HEARING FROM THE TRIBUNAL ON THE ADDR ESS MENTIONED IN FORM NO. 36B. THEREFORE, THE ASSESSEE WAS NOT PRESENT FOR HEARING ON THE SCHEDULED DATE. IT IS ONLY FROM THE INQUIRY WITH THE OFFICE OF THE TRIBUNAL TH AT THE ASSESSEE CAME TO KNOW ABOUT THE SEQUENCE OF EVENTS. THE AR SUBMITTED THAT THE APPEAL INVOLVES SUBSTANTIAL ADJUSTMENT ON ACCOUNT OF TRANSFER PRICING WHICH HAS A HUGE IMPACT ON ASSESSEE'S TAXES. NON REPRESENTATIO N OF 2 MA NO. 76/HYD/2014 M/S. AMD RESEARCH & DEVELOPMENT CENTER INDIA PVT. LTD. ============================= THE CASE IS NOT WILFUL AND THE ASSESSEE WISHES TO EFFECTIVELY PURSUE THE MATTER. ACCORDINGLY, THE AR PRAYED FOR RECALLING OF THE TRIBUNAL ORDER AND TO GIVE ANO THER OPPORTUNITY TO THE ASSESSEE TO REPRESENT ITS CASE. 3. THE LEARNED DR DID NOT RAISE ANY SERIOUS OBJECTION FOR THE PROPOSITION OF THE AR. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. AFTER HEARING THE LEARNED AR, WE ARE SATISFIED THAT THE ASSESSEE WAS PREVENTED BY REASON ABLE CAUSE IN NOT APPEARING BEFORE THE TRIBUNAL ON THE SCHEDULED DATE OF HEARING I.E., ON 28.04.2014. NOW , THE ORDER OF THE TRIBUNAL IN ITA NO. 86/HYD/2013 IS HER EBY RECALLED AND RESTORED ON THE FILE OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING ON 8.10.2014 WITH DUE TO NOTICE TO BOTH THE PARTIES. 5. IN THE RESULT, MA OF THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 6 TH JUNE, 2014 SD/ - (B. RAMAKOTAIAH) ACCOUNTANT MEMBER SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER HYDERABAD, DATED THE 6 TH JUNE, 2014 TPRAO COPY TO: 1 . M/S. AMD RESEARCH & DEVELOPMENT CENTER INDIA PVT. LTD., 8 TH FLOOR, BUILDING NO. 11, RAHEJA IT PARK - MINDSPACE, SURVEY NO. 64, APIIC SOFTWARE LAYOUT, MADHAPUR, HYDERABAD-500 081. 2 . THE DEPUTY CIT, CIRCLE - 1(1), HYDERABAD. 3 . THE DISPUTE RESOLUTION PANEL, HYDERABAD. 4 . THE DR, ITAT, HYDERABAD.