M/s. Siemens Building Technologies Pvt. Ltd. v. The Assistant Commissioner of Income-tax, Company Circle-VI(3), Chennai
[Citation -2016-LL-0930-130]

Citation 2016-LL-0930-130
Appellant Name M/s. Siemens Building Technologies Pvt. Ltd.
Respondent Name The Assistant Commissioner of Income-tax, Company Circle-VI(3), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 30/09/2016
Assessment Year 2007-08
Judgment View Judgment
Bot Summary: PAN: AAAC D1235B Applicant by : Mr. N.Devanathan, Advocate Respondent by : Mr. A.V.Sreekanth, JCIT Da t e of h e ar in g : 30th September,2016 D at e of Pr on oun c em ent : 30th September, 2016 O R D E R Per A. Mohan Alankamony, AM: This Miscellaneous Petition is filed by the assessee praying for recall of the order of the Tribunal in ITA No.1881/Mds/2011 dated 25.11.2014 passed ex-parte for non-appearance. The learned counsel for the assessee submitted that since he had to appear before the Hon ble High Court, he directed his junior counsel to seek adjournment before the Tribunal in the above mentioned appeal. However though his junior was in the Tribunal he was held up in another appeal in a different Bench of the Tribunal and before he could appear 2 M.P.No. The Ld. D.R strongly opposed for recalling the order of the Tribunal. After hearing both the sides, we are of the considered view that one more opportunity should be provided to the assessee in order to argue the case before the Tribunal, because on the earlier instance the learned counsel could not genuinely appear before the Bench. In the in the interest of justice, we hereby recall the order of the Tribunal dated 25.11.2014 and direct the Registry to post the appeal for hearing in due course and intimate both the parties. In the result, the Miscellaneous Petition filed by the assessee is allowed.


IN INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER Miscellaneous Petition No.158/Mds/2016 ( in I.T.A.No.1 881/ Mds/2011 (Ass essm ent Year:20 07 -08) M/s. Siemens Building Technologies Vs Assistant Commissioner of Pvt. Ltd., Income Tax, C/o. Siemens Ltd. Successor Company Circle-VI(3), 272/688, Anna Salai, Chennai-34. Seethakathi Business Centre Chennai-600 006. PAN: AAAC D1235B (Petitioner) (Respondent) Applicant by : Mr. N.Devanathan, Advocate Respondent by : Mr. A.V.Sreekanth, JCIT Da t e of h e ar in g : 30th September,2016 D at e of Pr on oun c em ent : 30th September, 2016 O R D E R Per A. Mohan Alankamony, AM: This Miscellaneous Petition is filed by assessee praying for recall of order of Tribunal in ITA No.1881/Mds/2011 dated 25.11.2014 passed ex-parte for non-appearance. 2. learned counsel for assessee submitted that since he had to appear before Hon ble High Court, he directed his junior counsel to seek adjournment before Tribunal in above mentioned appeal. However though his junior was in Tribunal he was held up in another appeal in different Bench of Tribunal and before he could appear 2 M.P.No.158 /Mds/2016 when case was called, appeal was dismissed for non- appearance. Therefore, it was pleaded that one more opportunity may be given to assessee to pursue appeal by recalling ex-parte order. 3. Ld. D.R strongly opposed for recalling order of Tribunal. 4. After hearing both sides, we are of considered view that one more opportunity should be provided to assessee in order to argue case before Tribunal, because on earlier instance learned counsel could not genuinely appear before Bench. Therefore, in in interest of justice, we hereby recall order of Tribunal dated 25.11.2014 and direct Registry to post appeal for hearing in due course and intimate both parties. 5. In result, Miscellaneous Petition filed by assessee is allowed. Order pronounced in open court on 30th September, 2016 Sd/- Sd/- (G.Pavan Kumar) ( A.Mohan Alankamony ) Judicial Member Accountant Member Chennai, Dated 30th September, 2016 somu Copy to: 1. Appellant 2. Respondent 3. CIT(A) 3 M.P.No.158 Mds/2016 4. CIT 5. DR 6. GF. M/s. Siemens Building Technologies Pvt. Ltd. v. Assistant Commissioner of Income-tax, Company Circle-VI(3), Chennai
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