Stempeutics Research Pvt. Ltd. v. The Dy. Commissioner of Income-tax, Circle-6(1)(2), Bangalore
[Citation -2019-LL-0904-4]

Citation 2019-LL-0904-4
Appellant Name Stempeutics Research Pvt. Ltd.
Respondent Name The Dy. Commissioner of Income-tax, Circle-6(1)(2), Bangalore
Court ITAT-Bangalore
Relevant Act Income-tax
Date of Order 04/09/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags service of notice • reasonable cause • ex-parte order • non-appearance • restoration of appeal
Bot Summary: The assessee is aggrieved by the decision of ld CIT(A) in dismissing the appeal of the assessee in limine. The ld counsel for the assessee submitted that the assessee did not represent before the CIT(A), since it has not received the notices issued by the first appellate authority. The ld AR submitted that the assessee has filed an affidavit to affirm this fact. Accordingly the ld AR submitted that there was communication gap and hence the assessee could not represent before Ld CIT(A). From the facts narrated by the ld AR, we noticed that there may be merit in the submissions of the assessee, since there is difference between the address noted in the order passed by Ld CIT(A) and the address noted in asst. We also noticed that the ld CIT(A) has not adjudicated the issues urged by the assessee on merits. In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V VASUDEVAN, VICE PRESIDNET AND SHRI B.R BASKARAN, ACCOUNTANT MEMBER ITA No.350/Bang/2019 Assessment year : 2013-14 M/s Stempeutics Research Pvt. Ltd., Vs. Dy. Commissioner of Income-tax, No.143, 212-215, 3rd Floor, Manipal Circle-6(1)(2), Hospitals, Whitefield Pvt. Ltd., Bangalore. EPIP Industrial Area, Hoodi Village, KR Puram, Hobli, Bangalore-560 066. PAN AAJCS 8177 Q. APPELLANT RESPONDENT Appellant by : Ms. Lata Goyal, ACA Respondent by : Shri P.V Pradeep Kumar, CIT Date of hearing : 04.09.2019 Date of Pronouncement : 04.09.2019 ORDER Per B.R Baskaran, Accountant Member assessee has filed this appeal challenging ex-parte order dated 20/3/2018 passed by ld CIT(A), Bangalore and it relates to asst. year 2013-14. 2. assessee is aggrieved by decision of ld CIT(A) in dismissing appeal of assessee in limine. ITA No.350/Bang/2019 Page 2 of 4 3. ld counsel for assessee submitted that assessee did not represent before CIT(A), since it has not received notices issued by first appellate authority. ld AR submitted that assessee has filed affidavit to affirm this fact. ld AR further submitted that address shown in asst. order as well as in Form No.- 35 for service of notice was 9th Floor, Manipal Hospital, Old Airport Road, Rustom Bagh, Bangalore-560 017. However ld CIT(A) has noted address in his order as M/s Stempeutics Research Pvt. Ltd., #72 & 73, 2nd Floor, Akshay Tech Park, EPIP Zone, Phase -1 Area, Whitefield, Bengaluru-560 066. Accordingly ld AR submitted that there was communication gap and hence assessee could not represent before Ld CIT(A). Accordingly she prayed that order passed by ld CIT()A be set aside. 4. We heard ld DR and perused record. From facts narrated by ld AR, we noticed that there may be merit in submissions of assessee, since there is difference between address noted in order passed by Ld CIT(A) and address noted in asst. order as well as in Form No.35. Hence we are of view that there was reasonable cause for assessee in not appearing before ld CIT(A). We also noticed that ld CIT(A) has not adjudicated issues urged by assessee on merits. In our view, same requires to be adjudicated by Ld CIT(A). Accordingly we set aside order passed by ld CIT(A) and restore all issues to his file for adjudicating them afresh. ITA No.350/Bang/2019 Page 3 of 4 5. In result, appeal filed by assessee is treated as allowed for statistical purposes. Order pronounced in Open Court on 4th September, 2019. Sd/- Sd/- (N.V Vasudevan) Vice President (B.R Baskaran) Accountant Member Bangalore, Dated, 4th September, 2019. / vms / Copy to: 1. Applicant 2. Respondent 3 . CIT 4. CIT(A) 5. DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore. Stempeutics Research Pvt. Ltd. v. Dy. Commissioner of Income-tax, Circle-6(1)(2), Bangalore
Report Error