M/s.JRG Securities Ltd, Cochin V. ACIT, Cochin

MA 98/COCH/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1093 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-11-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 05-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Assessee Lawyers: SHERRY OOMMEN

Judgement Text

1 MA NO.98/COCH/2013 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.98/COCH/2013 (ARISING OUT OF I.T.A NO. 339/COCH/2012) (ASSESSMENT YEAR 2007-08) M/S JRG SECURITIES LTD VS A.C.I.T. CIR.1(2) XXXVI-202, J.J. COMPLEX KOCHI DAIRY METHANAM ROAD EDAPPALLY, KOCHI-24 PAN : AAACJ7327G (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SHERRY OOMMEN RESPONDENT BY : SMT. LATHA V KUMAR DATE OF HEARING : 29-11-2013 DATE OF PRONOUNCEMENT : 29-11-2013 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETIT ION PRAYING FOR RECALL OF THE ORDER DATED 18-04-2013. 2. SHRI SHERRY OOMMEN, THE LD.REPRESENTATIVE FOR TH E ASSESSEE SUBMITTED THAT THE APPEAL WAS FIXED FOR HEARING ON 14-03-2013. HOWEVER, THERE WAS NO SITTING ON 14-03-2013; THEREFORE, THE APPEAL WAS ADJOURNED TO 18-04-2013. ON 14-03-2013 THE ASSESSEE WAS INFORME D THAT THE NEXT DATE 2 MA NO.98/COCH/2013 OF HEARING WILL BE INFORMED BY THE REGISTRY. HOWEV ER, THE SAME WAS NOT INFORMED. THEREFORE, THE ASSESSEE COULD NOT APPEAR ON 18-04-2013 WHEN THE APPEAL WAS TAKEN UP FOR HEARING. THEREFORE, TH E ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THIS TRIBUNAL ON 18- 04-2013. HENCE AN OPPORTUNITY OF HEARING MAY BE GIV EN TO PLACE THE CASE ON MERIT BEFORE THIS TRIBUNAL BY GIVING. WE HEARD SMT. LATHA V KUMAR, THE LD.DR ALSO. 2. IT IS NOT IN DISPUTE THAT THERE WAS NO SITTING O N 14-03-2013. THE APPEAL WAS REPOSTED TO 18-04-2013. THE ASSESSEE OU GHT TO HAVE ASCERTAINED THE NEXT DATE OF HEARING FROM THE REGIS TRY WHEN THE NOTICE OF HEARING WAS SERVED FOR THE HEARING DATED 14-03-2013 . AT THE VERY SAME TIME WE CANNOT FIND FAULT WITH THE ASSESSEE IN EXPE CTING AN INTIMATION OF THE DATE OF HEARING. THEREFORE, THIS TRIBUNAL IS O F THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THIS TRIBUNAL ON 18-04-2013. ACCORDINGLY, I N EXERCISE OF POWERS UNDER PROVISO TO RULE 24 OF THE INCOME-TAX (APPELLA TE) TRIBUNAL RULES, 1963, THE ORDER OF THIS TRIBUNAL DATED 18-04-2013 I S HEREBY RECALLED. 3. NOW THE APPEAL OF THE ASSESSEE IN ITA NO.339/COC H/2012 IS RESTORED ON THE FILE OF THIS TRIBUNAL. THE REGISTR Y IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 24-12-2013. SINCE THE DATE OF HEARING OF THE 3 MA NO.98/COCH/2013 APPEAL IS ANNOUNCED IN THE OPEN COURT IN THE PRESEN CE OF BOTH THE PARTIES, IT MAY NOT BE NECESSARY FOR THE REGISTRY TO ISSUE N OTICE OF HEARING FOR THE HEARING DATED 24-12-2013. IN OTHER WORDS, COPY OF THIS ORDER SHALL BE TREATED AS NOTICE OF HEARING FOR THE HEARING DATED 24-12-2013. 4. WITH THE ABOVE OBSERVATIONS, THE MISCELLANEOUS P ETITION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH NOVEMBER, 2013. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 29 TH NOVEMBER, 2013 PK/- COPY TO: 1. M/S JRG SECURITIES LTD, XXXVI-202, J.J. COMPLEX, DAIRY METHANAM ROAD, EDAPPALLY, KOCHI 682 024 2. A.C.I.T., CIR.1(2), KOCHI 3. THE COMMISSIONER OF INCOME-TAX, KOCHI 4. THE COMMISSIONER OF INCOME-TAX(A)-II, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH