Mullakodi Co-op Rural Bank Ltd, Kannur V. The ITO, Kannur

MA 87/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2596 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-12-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 29-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JOHN

Judgement Text

1 ITA NO.85-87/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) M.A. NOS 85/COCH/2014 (ARISING OUT OF I.T.A NO.328/COCH/2012) (ASSESSMENT YEAR 2009-10) MAYYIL SERVICE CO-OPERATIVE BANK LTD VS ITO, WD.4 MAYYIL, KANNUR DIST. KANNUR PAN : AACAT3967C (APPLICANT) (RESPONDENT) M.A. NOS 86/COCH/2014 (ARISING OUT OF I.T.A NO.329/COCH/2012) (ASSESSMENT YEAR 2009-10) NADUVIL SERVICE CO-OPERATIVE BANK LTD VS ITO, WD.4 PO NADUVIL, THALIPARAMBA KANNUR KANNUR DISTRICT PAN : AAABT3029N (APPLICANT) (RESPONDENT) M.A. NOS 87/COCH/2014 (ARISING OUT OF I.T.A NO.330/COCH/2012) (ASSESSMENT YEAR 2009-10) MULLAKKODI SERVICE CO-OPERATIVE RURAL BANK LTD VS ITO, WD.4 F1230, KOLACHERRY, KANNUR DIST. KANNUR PAN : AACAT3967C (APPLICANT) (RESPONDENT) APPLICANTS BY : SHRI ARUN RAJ S RESPONDENT BY : SHRI K.K. JOHN 2 ITA NO.85-87/COCH/2014 DATE OF HEARING : 12-12-2014 DATE OF PRONOUNCEMENT : 12-12-2014 O R D E R PER N.R.S. GANESAN (JM) THESE MISCELLANEOUS APPLICATIONS FILED BY THE ABOV E THREE ASSESSEES PRAY FOR RECALL OF THE ORDERS OF THIS TRI BUNAL ALL DATED 26-06- 2014. 2. SHRI ARUN RAJ S, THE LD.COUNSEL FOR THE ASSESSEE S SUBMITTED THAT THE ASSESSEES INFORMED THE DATE OF HEARING TO THEIR REP RESENTATIVE SHRI U MOHANAN, THOUGH BELATEDLY. HOWEVER, AS SHRI U MOHA NAN WAS NOT KEEPING WELL, HE COULD NOT APPEAR BEFORE THIS TRIBU NAL. THE LD.COUNSEL FURTHER SUBMITTED THOUGH ARRANGEMENTS WERE MADE TO FILE ADJOURNMENT PETITIONS, BUT COULD NOT SUCCEED IN FILING THE ADJO URNMENT PETITIONS ON TIME. THE LD.COUNSEL THEREFORE SUBMITS THAT THE NON APPEA RANCE WAS UNDER A CIRCUMSTANCE WHICH WAS BEYOND THE CONTROL OF THE AS SESSEE. THE LD.COUNSEL PLEADS THAT THE ASSESSEES ARE VERY MUCH INTERESTED IN PROSECUTING THE APPEALS, THEREFORE, ANOTHER OPPORTU NITY OF HEARING MAY BE GIVEN FOR PRESENTING THEIR CASES ON MERIT. WE HEAR D SHRI K.K. JOHN, THE LD.DR ALSO. 3 ITA NO.85-87/COCH/2014 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EIT HER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE CASE OF THE ASSESSEES THAT THEY WERE PREVENTED FROM MAKING THEIR APPEARANCE ON LY BECAUSE OF THE ILLNESS OF THEIR REPRESENTATIVE, IS NOT DISPUTED BE FORE US. WE ARE OF THE OPINION THAT THE ILL HEALTH OF THE REPRESENTATIVE O F THE ASSESSEES, WHO WAS TO APPEAR BEFORE THE TRIBUNAL IS A CIRCUMSTANCE BEY OND THE CONTROL OF THE ASSESSEE. THEREFORE, IN OUR OPINION, THE ASSESSEES WERE PREVENTED BY SUFFICIENT CAUSE FROM NOT APPEARING BEFORE THIS TRI BUNAL ON 26-06-2014. HENCE, IN EXERCISE OF POWERS OF THIS TRIBUNAL UNDER PROVISO TO RULE 24 OF THE I.T.A.T RULES, 1963, THE ORDERS OF THIS TRIBUNA L ALL DATED 26-06-2014 ARE HEREBY RECALLED. 4. NOW THE APPEALS OF THE ASSESSEES STAND RESTORED ON THE FILE OF THIS TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APP EALS FOR FINAL DISPOSAL ON 13-01-2015. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, NO NOTICE OF HEARING SHALL BE ISSUED TO EITHER PARTY. IN OTHER WORDS, COPY OF THE ORDER OF THIS TRIBUNAL DATED 12-12-2014 SHALL B E TREATED AS NOTICE FOR THE HEARING ON 13-01-2015. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE ASSESSEES ARE ALLOWED. 4 ITA NO.85-87/COCH/2014 ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12 TH DECEMBER, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 12 TH DECEMBER, 2014 PK/- COPY TO: 1. MAYYIL SERVICE CO-OPERATIVE BANK LTD, MAYYIL, KA NNUR DIST. / NADUVIL SERVICE CO-OPERATIVE BANK LTD, PO NADUVIL, THALIPAR AMBA, KANNUR DIST / MULLAKKODI SERVICE CO-OPERATIVE RURAL BANK LTD, F 1230, KOLACHERRY, KANNUR DIST. 2. 2. ITO, WD.4, KANNUR 3. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE 4. THE COMMISSIONER OF INCOME-TAX(A), KOZHIKODE 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH