Karad Projects and Motors Ltd. v. The Assistant Commissioner of Income-tax, Company Circle-II(4), Chennai
[Citation -2019-LL-0927-132]

Citation 2019-LL-0927-132
Appellant Name Karad Projects and Motors Ltd.
Respondent Name The Assistant Commissioner of Income-tax, Company Circle-II(4), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 27/09/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags reasonable cause • recalling order • non-appearance • sufficient cause • mistake in order
Bot Summary: PAN:AADCA 9556 F ) '/Respondent) ' / Appellant by : Mr.N.Arjun Raj, ' /Respondent by : Mr.K.G.Arun Raj,J. C.I.T, D.R /Date of Hearing : 27.09.2019 /Date of Pronouncement : 27.09.2019 /ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: The Assessee has filed the present Miscellaneous Petition praying for recall of the order of the Tribunal on the ground that the date of hearing was noted mistakenly as 13.07.2019 instead of 13.06.2019. AR could not appear before this Tribunal on 13.06.2019, when the appeal is taken up for hearing. The learned counsel for the assessee submitted that the order of the Tribunal dated 19.06.2019 may be recalled, since the assessee was prevented from sufficient cause from appearing before this Tribunal and an opportunity may be given to the assessee. DR, Mr.K.G.Arun Raj, there was no reasonable cause on the part of the assessee for not appearing before this Tribunal. Since the appeal was disposed of on merits, it is not necessary to recall the order of the Tribunal. A perusal of the order of the Tribunal dated 19.06.2019 shows that the appeal of assessee was disposed of on merits. The appeal of the assessee stands restored on the file of this M.P No.183/Chny/2019 :- 3 -: Tribunal.


IN INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER M.P.No.183/Chny/2019 (ITA No.371/Chny/2019 Assessment Year: 2007-08) M/s.Karad Projects and Motors Ltd., Vs. Assistant Commissioner Raj Parris, Trimeni Towers, of income tax, 2nd floor,No.174,GN Chetty Road, Company Circle-II(4), T.Nagar,Chennai 600 017. Chennai. [PAN:AADCA 9556 F] ( '/Appellant) (() '/Respondent) ' * / Appellant by : Mr.N.Arjun Raj, () ' * /Respondent by : Mr.K.G.Arun Raj,J. C.I.T, D.R * /Date of Hearing : 27.09.2019 * /Date of Pronouncement : 27.09.2019 /ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: Assessee has filed present Miscellaneous Petition praying for recall of order of Tribunal on ground that date of hearing was noted mistakenly as 13.07.2019 instead of 13.06.2019. M.P No.183/Chny/2019 :- 2 -: 2. Mr.N.Arjun Raj, learned counsel for assessee submitted that he appeal was posted for hearing on 13.06.2019. However, by mistake, it was noted as 13.07.2019. Therefore, ld.AR could not appear before this Tribunal on 13.06.2019, when appeal is taken up for hearing. Therefore, learned counsel for assessee submitted that order of Tribunal dated 19.06.2019 may be recalled, since assessee was prevented from sufficient cause from appearing before this Tribunal and opportunity may be given to assessee. 3. According to ld.DR, Mr.K.G.Arun Raj, there was no reasonable cause on part of assessee for not appearing before this Tribunal. Since appeal was disposed of on merits, it is not necessary to recall order of Tribunal. 4. We have considered rival submissions on either side and also perused material available on record. perusal of order of Tribunal dated 19.06.2019 shows that appeal of assessee was disposed of on merits. Now, assessee claims that date of hearing was noted wrongly as 13.07.2019 instead of 13.06.2019. Noting date of hearing wrongly is on account of clerical mistake, which may happen to anyone. This Tribunal is of considered opinion that assessee was prevented from appearing before this Tribunal on 13.06.2019 due to reasonable cause, therefore, in exercise of powers conferred on this Tribunal under proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963, order of this Tribunal dated 13.06.2019 is hereby recalled. appeal of assessee stands restored on file of this M.P No.183/Chny/2019 :- 3 -: Tribunal. Accordingly, registry is directed to post appeal before regular bench for final disposal on 26.11.2019. It may not be necessary for registry to issue notice of hearing once again. In other words, copy of this order shall be treated as notice of hearing on 26.11.2019. 5. With above observation, Miscellaneous Petition filed by assessee stands allowed. Order pronounced in Open Court in September 27, 2019, in Chennai. Sd/- Sd/- (INTURI RAMA RAO) (N.R.S. GANESAN) ACCOUNTANT MEMBER Judicial Member Chennai, 1 Dated: 27th September, 2019. K S Sundaram * (2343 Copy to: 1. Appellant 4. 5 CIT 2. () Respondent 5. 3 ( DR 3. 5 ( ) CIT(A) 6. : GF Karad Projects and Motors Ltd. v. Assistant Commissioner of Income-tax, Company Circle-II(4), Chennai
Report Error