Income Tax Appellate Tribunal - Hyderabad
Boulder Hills Leisure Private Limited, ... vs Dcit, Circle-1(3), (Present Dcit, ... on 17 January, 2017
MA Nos 64 and 65 of 2016 Boulder Hills Leisure P Ltd Hyderabad
IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ' A ' Bench, Hyderabad
Before Smt. P. Madhavi Devi, Judicial Member
AND
Shri S.Rifaur Rahman, Accountant Member
M.A. Nos.64 & 65/Hyd/2016
(Arising out of ITA No.1233/Hyd/2014 & 1234/Hyd/2014)
(Assessment Years: 2007-08 & 2008-09)
M/s Boulder Hills Leisure Vs DCIT, Circle 1(3)
Private Ltd Hyderabad
Hyderabad
PAN: AACCB 5076 C
For Assessee : Shri A.V. Raghuram
For Revenue : Shri A. Sitarama Rao, DR
Date of Hearing: 25.11.2016
Date of Pronouncement: 17 .01.2017
ORDER
Per Smt. P. Madhavi Devi, J.M.
These miscellaneous applications are filed by the assessee for recall of the orders of the Tribunal in ITA Nos.1233 & 1234/Hyd/2014 respectively. The appeals of the assessee, for the A.Ys 2007-08 & 2008-09 respectively, were disposed of by the Tribunal in limini on the ground that the assessee has not rectified the defects raised in the defect memo within the stipulated time and inspite of subsequent reminders on further dates of hearing of the appeal.
2. The assessee has raised the following contentions in the M.A.:-
Page 1 of 4MA Nos 64 and 65 of 2016 Boulder Hills Leisure P Ltd Hyderabad
"3. The Applicant at the threshold submits that both the appeals of the Applicant for AY 2007- 08 and AY 2008-09 were actually adjourned to 01.03.2016 along with other appeals of the Counsel viz.. Dr.Balaji Pallewar and M/s.Vijaya Educational Academy, which fact would be evident from the cause list of Hon'ble Bench for 01.12.2015. The date that was announced in the open court was 01.03.2016 and accordingly, the appeals of the applicant and the other two appeals mentioned above were noted by the counsel (A.V.Raghu Ram, Advocate) as 01.03.2016. The counsel accordingly instructed the Applicant to send the Vakalatnamas for both the appeals and further enquired about the notification of any defects by the Registry. In respect of the Vakalats, the Applicant has assured the Counsel that the same will be sent and in so far as the defects pointed out by the Registry, the Applicant had informed the Counsel that they were rectified by filing fresh Form No. 36 vide letter dated 30.12.2014 and that there was no further notification with respect to any other defects. It is submitted here that the Counsel for the Applicant was under the bona fide impression that the defects were already rectified by the Applicant which probably were not placed for consideration of the Hon'ble Tribunal. The Counsel was of the bona fide impression that only further defect is with respect to power of Attorneys for which the Counsel had already made arrangements.
4. However, the appeals got listed on 01.02.2016 and the Hon'ble Bench found that the directions of the Hon'ble Bench were not complied with and was pleased to dismiss the appeals.
5. It is submitted that the observation of the Hon'ble Bench in its Order dated 01.02.2016 may not be correct in as much the Applicant Page 2 of 4 MA Nos 64 and 65 of 2016 Boulder Hills Leisure P Ltd Hyderabad has great respect towards law and the directions of the Hon'ble Tribunal. It is submitted that the mistake if any is only on account of the date of hearing being notified and recorded by the Counsel. The Hon'ble Tribunal may kindly appreciate that in so far as the merits of the matter is concerned, the Applicant had already filed paper books and reported ready for the appeals on 18.08.2015. Therefore, it is submitted that there cannot be a presumption that the Applicant has not shown interest in the pursuing the appeal but for the inadvertent mistakes noted above. Further, the defect noticed in the revised Form No. 36 filed along with letter dated 30.12.2014 was not notified to the Applicant.
6. It is submitted that the Applicant after conducting the inspection of records through its counsel has noticed that the revised Form No. 36 filed vide letter dated 30.12.2014 is not signed by Managing Director and hence defective. The Application is therefore submitting fresh/Revised/corrected Form 36 along with Grounds of Appeal duly singed by the Director of the Applicant.
7. It is submitted that the inadvertent mistake that had happened is bona fide and is not willful. It is submitted that the issues in the appeal involve complex facts and substantial question of law which has huge financial implication in so far as the Applicant is concerned. If the Hon'ble Tribunal is not pleased to recall its order dated 01.02.2016 in ITA No.1233/Hyd/2014, the Applicant will be put to great prejudice and loss which cannot be compensated by any other means.
In view of the above, it is prayed that the Hon'ble Tribunal may be pleased to recall its order dated 01.02.2016 dismissing the appeal of the Applicant in limini in ITA Page 3 of 4 MA Nos 64 and 65 of 2016 Boulder Hills Leisure P Ltd Hyderabad No.1233/Hyd/2014, admit the same and hear the same on merits and pass such other order(s) as the Hon'ble Tribunal deems fit and proper in the interest of justice".
3 We have verified the appeal records and find the assessee's contentions to be correct. In view of the same, we are inclined to recall the order of the Tribunal and the Registry is directed to fix the appeals for hearing in regular course after giving notice to the respective parties.
4. In the result, Miscellaneous Applications filed by the assessee are allowed.
Order pronounced in the Open Court on 17th January, 2017.
Sd Sd/-
(S.Rifaur Rahman) (P. Madhavi Devi)
Accountant Member Judicial Member
Hyderabad, dated 17th January, 2017. Vinodan/sps Copy to:
1 M/s. Boulder Hills Leisure P Ltd, Boulder Hills Gold & Country Club, Opp: ISB-Indian School Business, Manikonda(v) Gachibowli Hyderabad 500032 2 The DCIT, Circle 1(3) Aayakar Bhavan, Basheerbagh, Hyderabad- 500004 3 CIT (A)-II Hyderabad 4 CIT - I Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File Page 4 of 4