2014 (2) TMI 25

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....the assessee, vide notice dated October 24, 2013 (annexure 7). The Commissioner of Income-tax (Appeals) allowed the relief of Rs. 1,43,32,393 thereby sustaining the addition of Rs. 3,42,96,531. The petitioner filed an appeal before the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur. The appeal was taken up for hearing on April 15, 2013, along with application seeking interim relief. On that day, the following order was passed by the Tribunal:          "Heard parties. Having perused the material, we are satisfied that the assessee has an arguable case. We, therefore, direct that the assessee's appeal shall be heard on out of turn basis along with the Department's cross-appeal, if any, in the firs....

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....ounsel for the petitioner-assessee, argued that when the Tribunal has disposed of the stay application with the observation that the petitioner has an arguable case, which means that it had a prima facie case and with the further direction that the matter shall be heard finally in the month of June, 2013, if the matter was not heard for want of corum or non-availability of the Bench of the Tribunal, the petitioner cannot be blamed. If the Tribunal was not formed or request of the petitioner for fixing the matter in the month of September was not accepted, the Tribunal ought to have proceeded and heard the appeal finally now. It is argued that the Tribunal consisting of two members while passing the order dated April 15, 2013 (annexure 4) ha....