M/s Rait Pharma Ltd., Hyderabad V. DCIT, Hyderabad

MA 90/HYD/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3772 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 10-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI AKBER BASHA, ACCOUNTANT MEMBER M.A. NO. 90/HYD/2010 ARISING OUT OF ITA. NO. 587/HYD/2006 ASSESSMENT YEAR 2001-2002 M/S. RANIT PHARMA LTD. NOW AMALGAMATED WITH M/S. AUROBINDO PHARMA LTD. HYDERABAD PAN AAACR-9749-L VS. DCIT, CIRCLE 1 (1) HYDERABAD. (APPLICANT (RESPONDENT) FOR APPLICANT : SHRI C.P.RAMASWAMI FOR RESPONDENT : SMT. NIVEDITA BISWAS ORDER PER N.R.S. GANESAN, J.M. 1. THE ASSESSEE FILED THE PRESENT MISCELLANEOUS AP PLICATION PRAYING FOR RECALLING THE ORDER OF THIS TRIBUNAL DA TED 13-7-2009. SHRI C.P. RAMASWAMI, LEARNED COUNSEL APPEARING FOR THE A SSESSEE SUBMITTED THAT THE NOTICE OF HEARING FOR THE HEARING DATED 13 -7-2009 WAS RECEIVED BY THE ASSESSEE. HOWEVER, BY MISTAKE THE ASSESSEE C OULD NOT HANDOVER THE SAME TO THE ASSESSEE-COMPANY. THEREFORE, THE AS SESSEE COULD NOT BE PRESENT WHEN THE APPEAL WAS TAKEN-UP FOR HEARING. A CCORDING TO THE LEARNED COUNSEL, THERE WAS NO NEGLIGENT ON THE PART OF THE ASSESSEE FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 13-7-2009 WHE N THE APPEAL WAS TAKEN-UP FOR HEARING. 2. WE HEARD SMT. NIVEDITA BISWAS LEANRED DR ALSO. LEARNED DR HAS NO OBJECTION FOR RECALLING THE ORDER OF THIS TR IBUNAL DATED 13-7-2009. 2 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARN ED COUNSEL FOR THE ASSESSEE AND THE LEARNED DR. THE CONTENTION OF THE ASSESSEE IS THAT EVEN THOUGH NOTICE WAS RECEIVED THE COUNSEL CO ULD NOT APPEAR BEFORE THIS TRIBUNAL SINCE THERE WAS A COMMUNICATIO N GAP IN HANDING OVER THE NOTICE. THEREFORE, IN OUR OPINION, THERE W AS A SUFFICIENT CAUSE ON THE PART OF THE ASSESSEE FOR NOT APPEARING BEFORE T HIS TRIBUNAL WHEN THE APPEAL WAS TAKEN-UP FOR HEARING ON 13-7-2009. BY GI VING ONE MORE OPPORTUNITY TO THE ASSESSEE BY RECALLING THE ORDER OF THIS TRIBUNAL, THE INTEREST OF THE REVENUE MAY NOT BE PREJUDICED IN AN Y WAY. IN OUR OPINION, GIVING OPPORTUNITY TO THE ASSESSEE TO ARGU E THE CASE ON MERIT WOULD CERTAINLY PROMOTE THE CAUSE OF JUSTICE. THERE FORE, IN EXERCISE OF THE POWERS OF THIS TRIBUNAL UNDER PROVISO TO RULE 24 OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1963 THE ORDER OF THIS TR IBUNAL DATED 13-7-09 IS HEREBY RECALLED. NOW THE APPEAL OF THE ASSESSEE IN ITA. NO. 587/HYD/2006 STAND RESTORED ON THE FILE OF THIS TRI BUNAL. THE REGISTRY IS DIRECTED TO POST THIS APPEAL FOR FINAL DISPOSAL ON 21-10-2010 BEFORE REGULAR BENCH, AS PRONOUNCED IN THE OPEN COURT. SIN CE THE DATE IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THERE IS NO NEED FOR SENDING THE NOTICE OF HEARING. THE COPY OF THIS ORDER SHALL BE TREATED AS NOTICE OF HEARING. WITH THE ABOVE OBSERV ATION, THE MISCELLANEOUS PETITION OF THE ASSESSEE STAND ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON 16-7-2010. SD/- SD/- (AKBER BASHA) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATE. 16 TH JULY, 2010 VBP/- 3 COPY TO 1. M/S. RANIT PHARMA LTD., NOW AMALGAMATED WITH M/S . AUROBINDO PHARMA LTD. C/O. SHRI C.P. RAMASWAMI, ADVOCATE, FLAT NO. 303, GITANJALI APTS. PLOT NO. 108, SRINAGAR COLONY, HYDERABAD 072. PAN AAACR-9749-L 2. DCIT, CIRCLE 1 (1) HYDERABAD. 3. CIT-1, HYDERABAD 4. DR B BENCH, ITAT, HYDERABAD 5. GUARD FILE.