POWERWAVE TECHNOLOGIES RESEARCH AND DEVELOPMENT (INDIA) PVT.,LTD., HYD,HYDERABAD vs. ACIT, CIRCLE-16(2), HYDERABAD, HYDERABAD

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ITA 327/HYD/2015Status: DisposedITAT Hyderabad09 May 2018AY 2010-114 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Income Tax Appellate Tribunal (ITAT) rejected the appeal memos as defective due to non-rectification of the initial defect and the absence of the assessee. Consequently, the appeals were treated as dismissed.

What were the facts?

The assessee's appeals were listed for hearing, but the authorized signatory's authorization was not on record, and subsequent attempts to rectify the defect failed. The assessee's counsel withdrew their vakalatnama due to lack of cooperation.

What were the issues?

The primary issue was the defective verification of the appeal memo and the subsequent failure of the assessee to rectify the defect or appear before the tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 92CA(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD

Before: SHRI D. MANMOHAN & SHRI B. RAMAKOTAIAH

PER B. RAMAKOTAIAH, A.M. :

These appeals are by assessee against the orders of the Assessing Officer (AO) u/s. 143(3) r.w.s. 92CA(3) rws 144C(13)of the Income Tax Act [Act] for the AYs. 2010-11 & 2011-12.

2.

Even though the appeals are preferred, the verification was signed by the ‘authorised signatory’ whose authorisation was not placed on record. Registry has reported the defect and notices were issued. After seeking many adjournments, Ld. Counsel for assessee Shri A.V. Raghu Ram has sought further time stating as under by letters dt. 22-05-2017 and 01-0617 in two years separately.

I.T.A. Nos. 327/Hyd/2015 :- 2 -: & 528/Hyd/2016

ADJOURNMENT PETITION

The above appeal of the assessee is scheduled for hearing today (22.05.2017). The appeal involves transfer pricing issues arising for Ay 2010-11.

The Registry has notified the defect w.r.t. alleged incorrect verification in Form 36. According to Registry of ITAT, it has been done by a person other than a Managing Director and therefore incorrect. In response to the same, the Appellant filed authorization letter in favour of Sri Percy Itaila who signed the Appeal documents. However, as per registry this is also not in accordance with the Statute/Rules and the undersigned counsel has already taken steps to rectify the defect by sending the papers to the instructing counsel. However, it is given to understand that both the directors of the Appellant are non-residents and operate from United States of America. The directors of the Appellant are also directors of Appellant's parent company M/s. Powerwave Technologies Inc., U.S.A. It is given to understand that there are some commercial problem in the parent company and that it is on the brink of liquidation. However, we have taken steps to send the revised Form 36 to USA through instructing counsel to the parent company in USA and are expecting the reply in couple of weeks.

It is therefore prayed that the Hon'ble Tribunal may be pleased to adjourn the appeal to a open date to enable the Appellant to submit revised Form 36. Inconvenience caused to the Hon'ble Bench and the ld. CIT-DR is sincerely regretted.

22.05.2017 Hyderabad Sd/- Counsel for Appellant A.V.Raghu Ram, Advocate 610, Babukhan Estate, Basheerbagh, Hyd-l.

The case was adjourned to 28-06-2017.

3.

However, vide the letter dt. 27-06-2017, the vakalat of the Counsel was withdrawn, stating as under:

MEMO May it please your Honours!

The above appeal is posted on 28.06.2017 for hearing. The undersigned counsel desires to withdraw his Vakalatnama in the appeal for want of

I.T.A. Nos. 327/Hyd/2015 :- 3 -: & 528/Hyd/2016

cooperation from the Assessee. In this regard, the undersigned Counsel has already addressed a speed post on 20.06.2017 as well as email to assessee intimating the assessee of withdrawal of the Vakalatnama in the appeal, and also about the posting of the appeal on 28.06.2017 before this Hon'ble Bench, with a request to make alternate arrangements. A copy of letter addressed and proof of dispatch of the letter are enclosed hereto.

It is prayed that the Hon'ble Tribunal may permit the undersigned counsel to withdrawn his Vakalatnama, and relieve them from any further obligation in the appeal.

4.

Thereafter, Registry has sent further notices of posting to the assessee-company in the given address, posting the cases on 12-09-2017, the notices of which are returned unserved. The case was adjourned to 28-12-2017 and further to 09-05-2018. As none appeared in response to the postings and there is no way further notices could be served on assessee, the cases are dealt ex-parte assessee, appellant.

5.

As stated earlier, the appeal memos are themselves defective and the same are not rectified. Therefore, the appeal memos are rejected as ‘defective’ and the appeals are treated as dismissed.

6.

Assessee is free to prefer fresh appeals with due condonation petitions or approach this forum under Rule 24 of the ITAT Rules.

Order pronounced in the open court on 9th May, 2018 upon conclusion of hearing

Sd/- Sd/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER Hyderabad, Dated 9th May, 2018 TNMM

I.T.A. Nos. 327/Hyd/2015 :- 4 -: & 528/Hyd/2016

Copy to : 1. M/s. Powerwave Technologies Research and Development (India) Pvt. Ltd., C/o. K. Vasant Kumar, A.V. Raghu Ram & P. Vinod, Advocates, # 610, Babukhan Estate, Basheerbagh, Hyderabad.

2.

The Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad.

3.

Dispute Resolution Panel (DRP)

4.

Director of Income Tax (IT & TP), Hyderabad.

5.

Addl. Commissioner of Income Tax (Transfer Pricing), Hyderabad.

6.

D.R. ITAT, Hyderabad.

7.

Guard File.

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