Viswakarma Real Estates & Constructions P. Ltd., CHENNAI V. ACIT Corporate Circle 3(2), CHENNAI

MA 95/CHNY/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3337 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 3 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 28-07-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 21-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ’डी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member M.P. No. 95/Chny/2019 [In I.T.A. No.2034/Chny/2018] Assessment Year: 2015-16 M/s. Viswakarma Real Estates & Constructions Pvt. Ltd., No. 65, Alwarpet Street, Alwarpet, Chennai-600 018. [PAN: AABCV 5770E] Vs. The Asst. Commissioner of Income Tax, Corporate Circle 3(2), Chennai-600 034. (Petitioner) (ŮȑथŎ/Respondent) Petitioner by : Shri J. Prabhakar, CA ŮȑथŎ की ओर से/Respondent by : Shri D. Hema Bhupal, JCIT सुनवाई की तारीख/ Date of hearing : 29.07.2022 घोषणा की तारीख /Date of Pronouncement : 03.08.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: By means of present Miscellaneous Petition, the assessee seeks to recall the order passed by the Tribunal in I.T.A. No. 2034/Chny/2018 dated 31.12.2018 for the assessment year 2015-16. By referring to the miscellaneous petition, the ld. Counsel for the assessee has submitted that the assessee company’s management was made dysfunctional by the order of the National Company Law Tribunal dated 06.04.2018 appointing an interim resolution professional, whereby, the M.P. No.95/Chny/19 2 administrative and financial functions were vested with him. It was further submission that the incumbent resolution professional did not take cognisance of the notice of hearing issued by the Tribunal and failed to take steps to attend the appeal before the ITAT nor informed the management about the receipt of the notice of hearing on the said appeal filed by the Department. Hence, the petitioner could not put his appearance and present its case before the ITAT during the course of hearing of the appeal and prayed for recalling the exparte order of the Tribunal for fresh adjudication by affording an opportunity of being heard to the petitioner. 3. The ld. DR has not raised any serious objection against the submissions of the ld. Counsel. 4. We have heard both the sides and perused the order passed by the Tribunal. Despite service of notice through RPAD, none appeared on behalf of assessee-petitioner or filed any written submissions. Thus, the Tribunal proceeded to decide the appeal after hearing the ld. DR and pass exparte order. Vide letter dated 08.08.2019, the Assessing Officer has communicated to the ld. Sr. Departmental Representative that the assessee company is now managed by M/s. Care Promoters M.P. No.95/Chny/19 3 Chennai Pvt. Ltd. by virtue of final order of NCLT dated 11.06.2019 and the company is not liquidated. It is also a fact that no sufficient opportunity was afforded since the appeal was heard and disposed off on the first date of hearing since sufficient opportunity to present the case was not available in view of the superintendence of the company’s affair by a resolution professional. Under the above facts and circumstances of the present case, we recall the exparte order of the Tribunal dated 31.12.2018 and appeal of the Department is restored. The Registry is directed to post the appeal for hearing on regular course. 5. In the result, the MP filed by the petitioner is allowed. Order pronounced on 03 rd August, 2022 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 03.08.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.