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Munni Agarwal, Jaipur vs Assessee

Income Tax Appellate Tribunal17 April 2015

Ratio decidendi

The rule this decision rests on

The Tribunal may recall its earlier ex parte order disposing of an appeal on the merits, where the assessee's authorised representative was unable to attend because of a professional boycott and the appeal was therefore decided without any hearing of the assessee's case, since in such circumstances proper justice has not been delivered and the recall is in the interest of justice.

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

Judgment

As delivered

vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqjIN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR

Jh vkj-ih-rksykuh] U;kf;d lnL; ,oa Jh Vh-vkj-ehuk] ys[kk lnL; ds le{k BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM

M.A. No. 36/JP/2014 (Arising out of I.T.A. No. 691/JP/2013) Asstt. Year-2009-10 Munni Devi Agarwal cuke D.C.I.T. 534, Mahaveer Nagar, Tonk Road, Vs. Central Circle-3, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ABSPA 0793 R vihykFkhZ@Appellant izR;FkhZ@Respondent

M.A. No. 37/JP/2014 (Arising out of I.T.A. No. 728/JP/2013) Asstt. Year-2009-10

Sameer Agarwal cuke D.C.I.T. 534, Mahaveer Nagar, Tonk Road, Vs. Central Circle-3, Jaipur. Jaipur.

LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AFWPA 9565 K vihykFkhZ@Appellant izR;FkhZ@Respondent

M.A. No. 38/JP/2014 (Arising out of I.T.A. No. 695/JP/2013) Asstt. Year-2004-05 Ram Agarwal cuke D.C.I.T. 534, Mahaveer Nagar, Tonk Road, Vs. Central Circle-3, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AHTPA 4982 H vihykFkhZ@Appellant izR;FkhZ@Respondent 2 M.A. No. 36, 37 and 38/JP/2014_ Munni Devi Agarwal Vs. DCIT

fu/kZkfjrh dh vksj ls@ Assessees by : Shri S.L. Poddar (Adv). jktLo dh vksj ls@ Revenue by : Shri Rajesh Ojha (JCIT)

lquokbZ dh rkjh[k@ Date of Hearing : 17/04/2015 ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 17/04/2015

vkns'k@ ORDER

PER: T.R. MEENA, A.M.

The assessees have filed three Miscellaneous Applications against the

order of this Bench of ITAT, Jaipur in ITA Nos. 691/JP/2013, 728/JP/2013 and

ITA No. 695/JP/2013, which was passed on 19/09/2014.

2. All the three cases were decided by applying the decisions of the Delhi

Bench of ITAT in the case of CIT Vs. Multiplan India Ltd., and also Estate of

Late Tukojirao Holkar Vs. CWT, 223 ITR 480 (MP) for non-attendance of the

appellants. The appellants filed M.A.s and have contended that in all the

cases, the original appeals were decided by then Hon'ble Accountant Member

in SMC on 04/10/2013 in absence of any representatives from the side of the

assessees. There was a boycott called by the All India Federation of Tax

Practitioners and Tax Consultant Association, Jaipur for appearing before any

Bench of the Hon'ble Income Tax Appellate Tribunal where one of the

constituent is Shri B.R. Jain, Accountant Member. This boycott call was started 3 M.A. No. 36, 37 and 38/JP/2014_ Munni Devi Agarwal Vs. DCIT

in mid August, 2013 to February, 2014. During this period, the ld counsel was

supposed to not appear before the Hon'ble Bench being a Member of

Rajastjan Tax Practitioners and Tax Consultant Association. Therefore, the ld

AR Shri S.L. Poddar could not attend the proceeding and the Hon'ble A.M.

decided the cases without any hearing of the respective parties through their

authorized representatives. Thus, the cases have not been decided on merit.

The Jaipur Tax Tribunal Bar has certified vide its letter dated 16/04/2015 that

during the period 22/08/2013 to 31/12/2013, the ITAT proceedings were

boycotted by the Jaipur Tax Tribunal Bar. Therefore, the cases decided by the

then A.M. in SMC may please be recalled.

3. At the outset, the ld DR vehemently opposed the arguments put before

the Bench on the ground that the Hon'ble Bench had decided the cases on

merit also. Thus, the M.A. petitions may please be dismissed in all the years.

4. We have heard the rival contentions of both the parties and perused the

material available on the record. In these cases, proper justice has not been

delivered in absence of authorized representatives, who can argue the cases

with evidence. Therefore in the interest of justice, we recall all the orders

passed in all the cases.

4 M.A. No. 36, 37 and 38/JP/2014_

Munni Devi Agarwal Vs. DCIT

5. In the result, all the three Misc. applications are allowed. All the cases

are fixed for 10/06/2015. No separate notice will be issued by this office.

Order pronounced in the open court on 17/04/2015.

Sd/- Sd/- ¼vkj-ih-rksykuh½ ¼Vh-vkj-ehuk½ (R.P.Tolani) (T.R. Meena) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member

Tk;iqj@Jaipur fnukad@Dated:- 17th April, 2015 *Ranjan

vkns'k dh izfrfyfi vxzsf'kr@Copy of the order forwarded to:

1. vihykFkhZ@The Appellant- Munni Devi Agarwal, Sameer Agarwal, Ram Agarwal, Jaipur.

2. izR;FkhZ@ The Respondent- The DCIT, Central Circle-3, Jaipur.

3. vk;dj vk;qDr@ CIT

4. vk;dj vk;qDr¼vihy½@The CIT(A)

5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur

6. xkMZ QkbZy@ Guard File (M.A. 36, 37 & 38/JP/2014)

vkns'kkuqlkj@ By order,

lgk;d iathdkj@Asst. Registrar

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