M/s. G. Routes Business (P) Ltd. v. The I.T.O., Circle-1(1), Calicut
[Citation -2016-LL-0928-196]

Citation 2016-LL-0928-196
Appellant Name M/s. G. Routes Business (P) Ltd.
Respondent Name The I.T.O., Circle-1(1), Calicut
Court ITAT-Cochin
Relevant Act Income-tax
Date of Order 28/09/2016
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags opportunity of being heard
Bot Summary: Assessee Appellant) Revenue -Respondent) PAN No. AAECG 6020H Assessee By Shri C.B.M. Warrier, CA Revenue By Shri A. Dhanaraj, Sr. DR Date of Hearing 27/09/2016 Date of pronouncement 28/09/2016 ORDER PER BENCH: These three appeals of the assessee arise from the different orders of the Ld. CIT(A), Kozhikode each dated 24/03/2016 for the F.Y. 2013-14 in respect of different quarters. Accordingly, a letter dated 10/03/2016 was issued to the assessee to cure the above defects on 14/03/2016 but the assessee did not cure the defects and the Ld. CIT(A) passed the order on 24/03/2016, rejecting both the appeals in limine. The Ld. Counsel for the assessee, Shri C.B.M. Warrier, CA argued that the assessee was not given sufficient opportunity of being heard to the assessee. The assessee was preparing to cure the defects and in the meanwhile, notice was served on him on 14/03/2016 and the Ld. CIT(A) passed the order on 24/03/2016 without giving sufficient opportunity of being heard to the assessee. The Ld. DR relied upon the order of the Ld. CIT(A). We find substance in the arguments of the Ld. Counsel for the assessee, Shri C.B.M. Warrier, CA. The letter was served on the assessee on 14-03-2016 and the order was immediately passed by the Ld. CIT(A) on 24/03/2016. In the circumstances and facts of the case, we direct the Ld. CIT(A) to give one more opportunity to 3 ITA Nos.285-287/Coch/2016 GJ copy to: 1.


ITA Nos.285-287/Coch/2016 IN INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI B. P. JAIN, AM & GEORGE GEORGE K., JM I.TA Nos.285-287/Coch/2016 (Assessment Year : 2014-15) M/s. G. Routes Business (P) Ltd., Vs I.T.O., Circle-1(1), Calicut 6/1005, G-Routes Bhavan, Kannur Road, YMCA Cross Road, Kozhikode-623 001. Assessee Appellant) Revenue -Respondent) PAN No. AAECG 6020H Assessee By Shri C.B.M. Warrier, CA Revenue By Shri A. Dhanaraj, Sr. DR Date of Hearing 27/09/2016 Date of pronouncement 28/09/2016 ORDER PER BENCH: These three appeals of assessee arise from different orders of Ld. CIT(A), Kozhikode each dated 24/03/2016 for F.Y. 2013-14 in respect of different quarters. 2. Since issues in all three appeals are identical, therefore, all appeals are being taken up by this common order. 1 ITA Nos.285-287/Coch/2016 1. Common appeal was filed against penalty levied for delay in filing quarterly statement in Form 24Q whereas separate appeals were to be filed for each quarter. 6. Accordingly, letter dated 10/03/2016 was issued to assessee to cure above defects on 14/03/2016 but assessee did not cure defects and Ld. CIT(A) passed order on 24/03/2016, rejecting both appeals in limine. 7. Ld. Counsel for assessee, Shri C.B.M. Warrier, CA argued that assessee was not given sufficient opportunity of being heard to assessee. In fact, assessee was preparing to cure defects and in meanwhile, notice was served on him on 14/03/2016 and Ld. CIT(A) passed order on 24/03/2016 without giving sufficient opportunity of being heard to assessee. He prayed to give one more opportunity so that defects could be cured and appeal can be filed as desired by Ld. CIT(A). 8. Ld. DR relied upon order of Ld. CIT(A). 9. We have heard rival submissions and perused facts of case. We find substance in arguments of Ld. Counsel for assessee, Shri C.B.M. Warrier, CA. letter was served on assessee on 14-03-2016 and order was immediately passed by Ld. CIT(A) on 24/03/2016. In circumstances and facts of case, we direct Ld. CIT(A) to give one more opportunity to 3 ITA Nos.285-287/Coch/2016 GJ copy to: 1. M/s. G. Routes Business (P) Ltd., 6/1005, G-Routes Bhavan, Kannur Road, YMCA Cross Road, Kozhikode-623 001. 2. I.T.O., Circle-1(1), Calicut., 3. Commissioner of Income-tax(Appeals), Kozhikode. 4. Commissioner of Income-tax, Kozhikode. 5. ,The DR ITAT, Cochin Bench. 6. Guard File. By Order Assistant Registrar I.T.A.T., COCHIN 5 M/s. G. Routes Business (P) Ltd. v. I.T.O., Circle-1(1), Calicut
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