Kern Enterprises Pvt Ltd., CHENNAI V. DCIT, CHENNAI

MA 81/CHNY/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5538 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-07-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 23-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B RAMAKRISHNAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI . , ! ' ! #$%,'( BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER MISCELLANEOUS PETITION NOS.81/MDS/2017 IN I.T.A.NO.2622/MDS/2016 ( / ASSESSMENT YEAR :2010-11) M/S. KERN ENTERPRISES P. LTD., (EARLIER KNOWN AS PENAR SPECIALITY PRODUCTS PVT. LTD.) 12, THIRD MAIN ROAD, KASTURBA NAGAR, ADYAR, CHENNAI 600 020 VS THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE V(2), CHENNAI 34. PAN: AACCP0566F (PETITIONER) ( / RESPONDENT) APPLICANT BY : SHRI B. RAMAKRISHNAN, CA /RESPONDENT BY : NONE /DATE OF HEARING : 27.10.2017 /DATE OF PRONOUNCEMENT : 27.10.2017 / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A . NO.2622/MDS/2016 DATED 05.12.2016 PASSED EX-PARTE FOR NON-APPEARANCE . 2. AT THE OUTSET, WE FIND THAT THE DIRECTOR OF THE ASSESSEE COMPANY HAS SUBMITTED A LETTER BEFORE THE TRIBUNAL REQUESTING FOR WITHDRAWAL OF THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE COMPANY VIDE LETTER DATED 04.10.2017. THE EXTRACT O F THE LETTER DATED 04.10.2017 IS REPRODUCED HEREIN BELOW FOR REFERENCE : 2 MP NO.81/MDS/2017 SUB: REQUEST FOR WITHDRAWAL OF MISCELLANEOUS PETIT ION IN THE CASE OF M/S. KERN ENTERPRISES PVT. LTD. (FORMERLY P ENAL SPECIALTY PRODUCTS PVT. LTD) PAN: AACCP0566F FOR THE AY 2010- 11 IN M.P. NO.81/CHNY-2017 FOR ITA NO.2622/CHNY-2006 RE G. WITH RESPECT TO THE ABOVE, IT IS SUBMITTED THAT WE HAD FILED AN APPEAL IN ITA NO.2622/CHNY/2016 BEFORE THE HONBLE INCOME TAX APPELLATE TRIBUNAL (ITAT) AGAINST THE ORDER P ASSED BY THE CIT(A)-3 [ITA NO.91/2014-15 DATED 30.06.2016] FOR T HE AY 2010- 11. THE HONBLE ITAT VIDE ORDER DATED 05-12-2016 HAD DI SMISSED THE APPEAL FOR NON APPEARANCE. IN THIS CONNECTION, WE HAVE FILED A MISCELLANEOUS PETITION IN M.P.NO.81/CHNY-2017. IN THIS REGARD, WE PRAY BEFORE YOUR AUTHORITY THAT THE SUBJECT M.P MAY PLEASE BY DISMISSED AS WITHDRAWN, FOR WHICH ACT OF KINDNESS, WE SHALL EVER REMAIN GRATEFUL. YOURS FAITHFULLY, FOR M/S. KERN ENTERPRISES PVT. LTD. SD/- DIRECTOR 3. THE LD.AR REITERATING THE CONTENTS OF THE ABOVE MENTIONED LETTER REQUESTING THE BENCH OF THE TRIBUNAL TO DISMISS THE MISCELLANEOUS PETITION AS WITHDRAWN. 4. THOUGH THE LD.DR HAVE SOUGHT ADJOURNMENT, CONSID ERING THE PRAYER OF THE LD.AR AND THE REPRESENTATION MADE BY THE ASSESSEE 3 MP NO.81/MDS/2017 COMPANY, WE HEREBY DISMISS THE MISCELLANEOUS PETITI ON OF THE ASSESSEE AS WITHDRAWN. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH OCTOBER, 2017 AT CHENNAI. SD/- SD/- ( ! ' ! # $% ) (DUVVURU R.L REDDY) ' /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER /CHENNAI, ! /DATED 27 TH OCTOBER, 2017 RSR $%&' ()& /COPY TO: 1. APPLICANT 2. RESPONDENT 3. * ( ('% )/CIT(A) 4. * /CIT 5. &,- . /DR 6. -/ % /GF.