M/s.Mini Muthoot Nidhi(Kerala) ltd, Pathanamthitta V. ACIT, Thiruvalla

MA 81/COCH/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9672 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 14-12-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 12-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSAN GEORGE VERGHESE
• Assessee Lawyers: PREETHA S NAIR
• Keywords: Reasonable cause

Judgement Text

1 MA NO.81/COCH/2012 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 81/COCH/2012 (ARISING OUT OF ITA NO 241/COCH/2011 (ASSESSMENT YEAR 2007-08) M/S MINI MUTHOOT NIDHI (KERALA) LTD VS THE A.,C.I. T., CIR.1 MUTHOOT BLDG, KOZHENCHERRY THIRUVALLA PATHANAMTHITTA PAN : AABCM5932D (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. PREETHA S NAIR RESPONDENT BY : SMT. SUSAN GEORGE VERGHESE DATE OF HEARING : 14-12-2012 DATE OF PRONOUNCEMENT : 14-12-2012 O R D E R PER N.R.S. GANESAN (JM) THIS MISCELLANEOUS APPLICATION OF THE TAXPAYER IS TO RECALL THE ORDER OF THIS TRIBUNAL DATED 19-07-2012 IN ITA NO 241/COCH/2 011 FOR THE ASSESSMENT YEAR 2007-08. 2 MA NO.81/COCH/2012 2. SMT. PREETHA S NAIR, THE LD.COUNSEL FOR THE TAXP AYER SUBMITTED THAT THOUGH THE NOTICE OF THIS TRIBUNAL WAS RECEIVED BY THE TAXPAYER, THE SAME WAS MISPLACED BY THE EMPLOYEE OF THE TAXPAYER AND T HEREFORE, THE LD.COUNSEL COULD NOT BE INSTRUCTED TO APPEAR BEFORE THIS TRIBUNAL. ACCORDING TO THE LD.COUNSEL, THERE IS NO NEGLIGENCE ON THE PART OF THE TAXPAYER. SINCE THE EMPLOYEE OF THE TAXPAYER HAS M ISPLACED THE NOTICE RECEIVED FROM THIS TRIBUNAL, THE LD.COUNSEL FOR THE TAXPAYER COULD NOT BE INSTRUCTED TO APPEAR BEFORE THIS TRIBUNAL. THEREFO RE, ACCORDING TO THE LD.COUNSEL, THERE IS REASONABLE CAUSE ON THE PART O F THE TAXPAYER FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 19-07-2012. 3. WE HEARD SMT. SUSAN GEORGE VERGHESE, THE LD.DR A LSO. THE LD.DR SUBMITTED THAT THERE WAS NO REASONABLE CAUSE ON THE PART OF THE TAXPAYER FOR NOT APPEARING BEFORE THIS TRIBUNAL. THE LD.DR, THEREFORE, OBJECTED TO RECALL OF THE ORDER OF THIS TRIBUNAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NO T IN DISPUTE THAT THE NOTICE OF HEARING WAS RECEIVED BY THE TAXPAYER. THE TAXPA YER BEING A COMPANY, IT 3 MA NO.81/COCH/2012 APPEARS, THAT THE EMPLOYEE OF THE TAXPAYER HAS MISP LACED THE NOTICE. THEREFORE, THE TAXPAYER COULD NOT INSTRUCT ITS COUN SEL TO APPEAR BEFORE THIS TRIBUNAL. THE FACT THAT THE NOTICE WAS MISPLACED B Y THE TAXPAYER IS NOT IN DISPUTE. WHEN THE HEARING NOTICE WAS MISPLACED BY THE EMPLOYEE OF THE TAXPAYER AND THE COUNSEL COULD NOT BE INSTRUCTED BE CAUSE OF THAT, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THERE WA S A REASONABLE CAUSE FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 19-07-2012. MOREOVER RECALLING THE ORDER OF THIS TRIBUNAL AND GIVING ONE MORE OPPORTUN ITY TO THE TAXPAYER WOULD NOT PREJUDICE THE INTEREST OF THE REVENUE IN A NY WAY. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT GIVING SUCH AN OPPOR TUNITY TO THE TAXPAYER WOULD DEFINITELY PROMOTE THE CAUSE OF JUSTICE. THE REFORE, BY KEEPING THE INTEREST OF JUSTICE IN MIND, THE ORDER OF THE TRIBUN AL DATED 19-07-2012 IS HEREBY RECALLED. 5. NOW THE APPEAL OF THE TAXPAYER IN ITA NO.241/COC H/2011 STANDS RESTORED ON THE FILE OF THIS TRIBUNAL. THE REGISTR Y IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 04-02-2013. SINCE THE DATE OF HEARING ON 04-02- 2013 HAS BEEN ANNOUNCED IN THE OPEN COURT NO NOTICE OF HEARING SHALL BE 4 MA NO.81/COCH/2012 ISSUED TO EITHER PARTY. IN OTHER WORDS, COPY OF TH IS ORDER SHALL BE TREATED AS NOTICE FOR HEARING ON 04-02-2013. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE TAXPAYER IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DECEMBER, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 14 TH DECEMBER, 2012 PK/- COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE COMMISSIONER OF INCOME-TAX 4. THE COMMISSIONER OF INCOME-TAX(A) 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH