M/s. Veeyes Investments P. Ltd, Hyderabad v. ACIT, Central Circle-1, Hyderabad

MA 141/HYD/2011 | misc
Pronouncement Date: 23-09-2011

Appeal Details

RSA Number 14122524 RSA 2011
Assessee PAN AABCV6591K
Bench Hyderabad
Appeal Number MA 141/HYD/2011
Duration Of Justice 2 month(s) 1 day(s)
Appellant M/s. Veeyes Investments P. Ltd, Hyderabad
Respondent ACIT, Central Circle-1, Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 23-09-2011
Appeal Filed By Assessee
Bench Allotted B
Date Of Final Hearing 28-08-2015
Next Hearing Date 28-08-2015
Assessment Year misc
Appeal Filed On 22-07-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B HYDERABAD BEFORE SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY JUDICIAL MEMBER S.NO. M.A.NO AY APPLICANT RESPONDENT 1 141/H/11 (IN ITA NO. 588/H/06) 2002-03 M/S VEEYES INVESTMENTS P. LTD. HYDERABAD. PAN-AABCV6591K ASST. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 1 HYD. 2 142/H/11 (IN ITA NO. 111/H/10) 2001-02 -DO- -DO- 3 143/H/11 (IN ITA NO. 112/H/10) 2005-06 -DO- -DO- 4 144/H/11 (IN ITA NO. 733/H/06) 2003-04 M/S HIGH GRACE INVESTMENTS (P) LTD. HYD. PAN- AAACH5018G -DO- 5 145/H/11 (IN ITA NO. 590/H/06) 2002-03 -DO- -DO- 6 146/H/11 (IN ITA NO. 619/H/08) 2004-05 -DO- -DO- 7 147/H/11 (IN ITA NO. 113/H/10) 2001-02 -DO- -DO- 8 148/H/11 (IN ITA NO. 114/H/10) 2005-06 -DO- -DO- 9 149/H/11 (IN ITA NO. 732/H/06) 2003-04 M/S FINCITY INVESTMENTS (P) LTD. HYD. PAN-AAACF3011D -DO- 10 150/H/11 (IN ITA NO. 591/H/06) 2002-03 -DO- -DO- 11 111/H/11 (IN ITA NO. 616/H/08) 2004-05 -DO- -DO- 2 M.A. NOS. 141 TO 158/ HYD/2011 M/S VEEYES INVESTMENTS P. LTD. AND OTHERS 12 152/H/11 (IN ITA NO. 118/H/10) 2001-02 -DO- -DO- 13 153/H/11 (IN ITA NO. 119/H/10) 2005-06 -DO- -DO- 14 154/H/11 (IN ITA NO. 731/H/06) 2003-04 M/S ELEM INVESTMENTS PVT. LTD. HYD. PAN-AAACE4370L -DO- 15 155/H/11 (IN ITA NO. 589/H/06) 2002-03 -DO- -DO- 16 156/H/11 (IN ITA NO. 617/H/08) 2004-05 -DO- -DO- 17 157/H/11 (IN ITA NO. 121/H/10) 2005-06 -DO- -DO- 18 158/H/11 (IN ITA NO. 120/H/10) 2001-02 -DO- -DO- ASSESSEE BY : SHRI K.C. DEVDAS REVENUE BY : SHRI G. SURYA PRASAD DATE OF HEARING : 28-08-2015 DATE OF PRONOUNCEMENT : 28-08-2015 O R D E R PER SAKTIJIT DEY J.M.: THESE MISCELLANEOUS APPLICATIONS TOTAL 18 IN NUMB ERS ARE FILED BY DIFFERENT ASSESSEES FOR RECALLING APPEAL ORDER PASSED BY THE TRIBUNAL ON 18/10/2010 DISMISSING ASSESSEES APPEALS EXPARTE FOR NON-PROSECUTION. 3 M.A. NOS. 141 TO 158/ HYD/2011 M/S VEEYES INVESTMENTS P. LTD. AND OTHERS 2. AS STATED IN THE MAS AS WELL AS SUBMITTED BY LD. AR ON ACCOUNT OF VARIOUS PROCEEDINGS BEFORE VARIOUS AUTHO RITIES RELATING TO SATYAM GROUP OF CASES THERE WAS NO PROPER STAFF/OF FICE AS THEY WERE NOT RESPONDING TO DUTIES ON ACCOUNT OF VARIOUS STAT UTORY PROCEEDINGS AGAINST SATYAM COMPUTER SERVICES LTD. AND ITS PROMO TERS. SINCE THE CONCERNED ASSESSEES ARE ASSOCIATED COMPANIES OF SAT YAM GROUP NO COMPLIANCE COULD BE MADE ON THE DATE OF HEARING OF APPEALS AS NOTICE OF HEARING COULD NOT BE RECEIVED AS THE STAFF AT RE GISTERED OFFICE WERE NOT PRESENT. THUS IT WAS SUBMITTED THAT EXPARTE OR DER PASSED DISMISSING APPEALS IN LIMINE MAY BE RECALLED FOR A DJUDICATING APPEALS ON MERITS TO AVOID MISCARRIAGE OF JUSTICE. 2. LD. DR ON THE OTHER HAND SUBMITTED ASSESSEE H AS NOT SHOWN SUFFICIENT CAUSE FOR RECALLING ORDER PASSED B Y THE TRIBUNAL. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTIE S AND PERUSED THE MATERIALS ON RECORD. AS COULD BE SEEN CORRESPONDING APPEALS OF ASSESSEES WERE DISMISSED EXPARTE AND IN LIMINE BY THE TRIBUNAL AS NOTICE OF HEARING SENT BY REGISTERED PO ST COULD NOT BE SERVED ON THEM FOR THE REASON THAT ASSESSEES WERE N OT FOUND IN THE ADDRESSES MENTIONED. SINCE NO ONE REPRESENTED ASSES SEES ON THE DATE OF HEARING TRIBUNAL WAS CONSTRAINED TO DISMIS S APPEALS EXPARTE AND IN LIMINE DUE TO LACK OF REPRESENTATION. HOWEVE R CONSIDERING THE FACT THAT ASSESSEES CONCERNED ARE ASSOCIATED TO THE SATYAM GROUP OF COMPANIES AND WERE UNDERGOING LOT OF DISTURBANCES A T THE RELEVANT PERIOD DUE TO VARIOUS PROCEEDINGS IN OUR VIEW THE RE IS SUFFICIENT CAUSE ON THE PART OF ASSESSEES IN NOT REPRESENTING THEMSELVES ON THE DATE OF HEARING OF APPEALS. KEEPING IN VIEW THE PRI NCIPLE THAT THE INTEREST OF JUSTICE IS BEST SERVED WHEN THE APPEAL PREFERRED BY A PARTY IS DECIDED ON MERIT WE ARE INCLINED TO RECALL THE EXPARTE ORDER PASSED BY TRIBUNAL DISMISSING APPEALS OF ASSESSEES IN LIMI NE FOR ADJUDICATING THE MATTERS ON MERIT AFTER HEARING BOTH THE PARTIES . 4 M.A. NOS. 141 TO 158/ HYD/2011 M/S VEEYES INVESTMENTS P. LTD. AND OTHERS 4. ACCORDINGLY ORDER DATED 18/10/2010 ASSED BY TR IBUNAL IN ITA NOS. REFERRED TO IN THE CAUSE TITLE DISMISSING APPEALS IN LIMINE ARE HEREBY RECALLED AND APPEALS ARE RESTORED TO THE IR ORIGINAL NUMBERS. ALL THESE APPEALS ARE FIXED FOR HEARING ON 23/12/2015. AS THE DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF LEARNED COUNSEL FOR BOTH THE PARTIES THERE IS N O NEED TO ISSUE FURTHER NOTICE OF HEARING TO THE PARTIES. 5. IN THE RESULT ALL THE MAS UNDER CONSIDERATION A RE ALLOWED. PRONOUNCED IN THE OPEN COURT ON 28 TH AUGUST 2015. SD/- SD/- (B. RAMAKOTAIAH) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDI CIAL MEMBER HYDERABAD DATED: 28 TH AUGUST 2015 KV COPY TO:- 1. M/S VEEYES INVESTMENTS P. LTD. HYDERABAD. 8-3-299/W/6 WOMENS COOPERATIVE SOCIETY BEHIND YOUSUFGUDA POLICE LINKES YOUSUFGUDA HYD 45. 2. M/S HIGH GRACE INVESTMENTS (P) LTD. HYD. 3. M/S FINCITY INVESTMENTS (P) LTD. HYD. 4. M/S ELEM INVESTMENTS PVT. LTD. HYD. 5. ACIT CENTRAL CIRCLE HYDERABAD 6. CIT(A)-1 HYDERABAD 7. CIT (CENTRAL) HYDERABAD 8. DR ITAT HYDERABAD