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Inscol Healthcarelimited, Chandigarh vs Assessee

Income Tax Appellate Tribunal20 February 2015

Ratio decidendi

The rule this decision rests on

The Tribunal may recall an order dismissing an appeal in limine where the assessee had reasonable cause for non-appearance before it and the dismissal was made without affording the assessee an opportunity of hearing; recall is granted in the interest of justice, and the appeal is restored to be heard on a fixed date.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALCHANDIGARH BENCHES 'B' CHANDIGARHBEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ANDSHRI T.R. SOOD, ACCOUNTANT MEMBERMA No. 60/Chd/2014In I TA No. 1244/CHD/2012Assessment Year: 2007-08

M/s I nscol Healthcare Limited Vs. The ACI T, SCO 18-19, Sector 34 A Circle 4(1) Chandigarh Chandigarh

PAN No. AAACI 3572N

(Appellant) (Respondent)

Appellant By : Shri Ajay Jain Respondent By : Shri S.K. Mittal

Date of hearing : 20/02/2015 Date of Pronouncement : 20/02/2015

ORDER

PER T.R.SOOD, A.M.

Through this Misc. Application assessee has sought recalling of the order of Tribunal in I TA No. 1244/CHD/2012 through which appeal has been dismissed in lemine.

2. Ld. Counsel for the assessee referred to the Misc. Application and pointed out that on the date of hearing few cases is fixed in 'A' Bench and this case was fixed in 'B' Bench. After partial hearing the cases were adjourned in 'A' Bench and because of some confusion Counsel of the assessee was under impression that case of 'B' Bench has also been adjourned. Since appeal has been dismissed in lemine without providing opportunity of hearing, therefore he made a prayer for recalling of the order of Tribunal.

3. On the other hand Ld. DR strongly supported the order of Tribunal.

4. After considering the rival submissions carefully we are satisfied that assessee had reasonable cause for not making appearance before the Tribunal. Further appeal has been dismissed in lemine therefore, in the interest of justice we recall the order of Tribunal in ITA No. 1244/CHD/2012.

5. Registry is directed to fix the hearing of appeal on 18/05/2015 and assessee shall take notice from this order itself as no separate notice would be issued.

6. In the result Misc. Application is allowed.

Order Pronounced in the Open Court on this 20/02/2015

Sd/- Sd/-

(BHAVNESH SAINI) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 20/02/2015 AG

Copy to: The Appellant, The Respondent, The CIT, The CIT(A), The DR

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