Home › Tax Laws › PCIT v. NRA Iron & Steel Pvt. Ltd. ( 2019) 418 ITR 449/311 CTR 363/ 183 DTR 60/( 2020) 268 Taxman 1 (SC),www.itatonline.org Editorial: Review petition , application for seeking open court oral hearing is rejected as dismissed . NRA Iron & Steel Pvt. Ltd v PCIT CA no .2463 /2019 dt 4-02 2020 / (2020) 186 DTR 249/ 313 CTR 1/ 273 Taxman 14 (SC)

PCIT v. NRA Iron & Steel Pvt. Ltd. ( 2019) 418 ITR 449/311 CTR 363/ 183 DTR 60/( 2020) 268 Taxman 1 (SC),www.itatonline.org Editorial: Review petition , application for seeking open court oral hearing is rejected as dismissed . NRA Iron & Steel Pvt. Ltd v PCIT CA no .2463 /2019 dt 4-02 2020 / (2020) 186 DTR 249/ 313 CTR 1/ 273 Taxman 14 (SC)

S.68: Cash credits – Appeal -Supreme Court- Pricipal Officer- Bogus share capital-Ex-parte order – Service of notice- Authorised representative – Recall of ex-parte order-A power of attorney holder is an agent and Principal Officer u/s 2(35)-If a Chartered Accountant is granted a Power of attorney holder service upon him of a notice is valid- If a notice is duly served upon the litigant through its authorized representative, and it was provided sufficient opportunity to appear before the Court and contest the matter but the litigant choses to let the matter proceed ex parte, the order cannot be recalled. [S. 2(35) 261, 262 , 282, 288, Art . 136 ]

Application was filed for re-call of the judgement dt 5—03-2019 in C.A.No . 2463 od 2019  PCIT v. NRA Iron & Steel Pvt. Ltd  ( 2019) 412 ITR 161 (SC)    on the ground that the applicant company was not served with the Notice of SLP at the registered office of the company , nor was a copy of the SLP served on the applicant  company. The applicant learnt the judgement dated 5 -03 -2019 passed by the Court from a news clipping published in the in the Economic Times on 07-03- 2019 and the application for re -call was filed on 12 -03 -2019.  The applicant on inspection found that the affidavit of service by the Revenue department on 19 -12-2018 showed an acknowledgement receipt by Mr Sanjeeva Narayan the Chartered Accountant of the appellant company on 13012-2018  . Chartered Accountant affirmed the receipt of the service however due to health not handed over the copy to the applicant . In an affidavit filed by the revenue it was brought to the notice of the Court that Mr Sanjeev Narayan has appeared before the tax authorities even after surgery .  Court held that Mr Sanjeev Narayan admittedly being the power of Attorney holder of the Applicant ,  NRA Iron & Steel Pvt Ltd for the AY. 2009 -10, was the agent of the assessee and hence   and hence notice could be  served on him as the agent of the assesee -company . Court also observed that  Mr Narayan appeared before the Income -tax authorities to represent the applicant company and its sister concerns on various dates prior to his surgery i.e. on 14-12-2018 , 21-12-2018 ,28-12-2018 and 29-12-2018 . Court also held that  a power of attorney holder is an agent and Principal Officer u/s 2(35).If a Chartered Accountant  is granted a power of attorney holder , service upon him of a notice is valid. Accordingly  the Court held that the applicant company having failed to make out any credible or cogent ground for Re-call of the judgement dt 05 -03 2019 , the application  for recall is dismissed . ( CA N0. 2463 of  2019, dt. 25.10.2019) .

(AY. 2009 -10)  ( Judgement in   CIT v. NRA Iron & Steel (P) Ltd ( 2019)  412 ITR 161 /307 CTR 353/ 175 DTR  289 /103 taxmann.com 48 (SC) is affirmed