Income Tax Appellate Tribunal - Jaipur
Jamanadas Finencial & Investment Co. ... vs Assessee on 12 September, 2014
1 MA No. 11/JP/2014
M/s. Jamnadas Financial & Investment Co. Ltd. vs. ACIT , Company Circle- 1, Jaipur
IN THE INCOME TAX APPELLATE TRIBUNAL
JAIPUR BENCH, JAIPUR
(BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA)
M.A. No.11/JP/2014
(Arising out of ITA No. 185/JP/2002)
Assessment year : 1992-93
PAN : AAACJ 4622 N
M/s. Jamnadas Financial & Investment Co. Ltd. vs. The ACIT
4, Satya Vihar, Lal Kothi Company Circle- 1
Jaipur Jaipur
(Appellant) (Respondent)
Assessee by : Shri S.L. Poddar
Department by: Shri Rajesh Ojha
Date of Hearing: 12-09-2014
Date of Pronouncement: 12-09-2014
ORDER
PER R.P. TOLANI, JM
The assessee has filed a Miscellaneous Application u/s 254 (2) of the Act against the order of the Tribunal dated 03-08-2005 for the assessment year 1992-93 contending that following mistake has crept in the order of the ITAT which should be rectified u/s 254(2) of the Act.
''The above mentioned appeal has been decided by the Hon'ble Bench vide their order dated 03-08-2005. The order was passed ex-parte without serving any notice to the assessee or his counsel. The ex-parte judgement was passed it came to the knowledge of the assessee and his counsel only in September, 2013 when the department pursue for the recovery of the demand then the assessee applied for certified copy of the 2 MA No. 11/JP/2014 M/s. Jamnadas Financial & Investment Co. Ltd. vs. ACIT , Company Circle- 1, Jaipur judgement which was provided to the assessee only in the month of December, 2013.
Therefore, it was neither in the knowledge of the assessee company nor in the knowledge of assessee's counsel. No notice was served to the assessee. Therefore, you are requested to restore the appeal and oblige.'' 2.1 The ld. Counsel for the assessee contends that neither the notice of hearing nor the order passed by the ITAT was served on the assessee. Therefore, the ex-parte order passed by ITAT suffers from this mistake of not giving an opportunity of being heard to the assessee and it may be recalled.
2.2 The ld. DR contends that the notice was served on the assessee and wrong affidavit has been filed.
2.3 We have heard the rival contentions and perused the materials available on record. On perusal of the record, we find that on 07-07-2005 at the request of the assessee's counsel Shri Anil Mathur of Mathur & Co. Chartered Accountants, the date of hearing of the case for 02-08-2005 was given. This application for adjournment was given on the letter head of Mathur & Co. by the ld. AR of the assessee Shri Anil Mathur and the date was noted for the next date of hearing i.e. 02-08-2005 by them. Therefore, there is no merit in the contention of the assessee that no notice of hearing 3 MA No. 11/JP/2014 M/s. Jamnadas Financial & Investment Co. Ltd. vs. ACIT , Company Circle- 1, Jaipur was given to the assessee. It is apparent from record that the notice of hearing was properly given at the request of the assessee's counsel. Thus there is no mistake as pointed out in the Miscellaneous Application. Therefore, the same is rejected.
3.0 In the result, the M.A. of the assessee is dismissed.
Order pronounced in the Open Court on 12-09-2014.
Sd/- Sd/- (T.R. MEENA) (R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER Jaipur Dated: 12th SEPT 2014 *Mishra Copy forwarded to:-
1. M/s. Jamnadas Financial& Investment Co. Ltd. , Jaipur
2. The ACIT, Circle- 1, Jaipur
3. The ld. CIT By Order
4. The ld. CIT(A), Jaipur
5..The ld. DR
6.The Guard File (MA No. 11/JP/2014) AR ITAT, Jaipur