DCIT Cir. 1, Nashik V. Shri Sstish Vasudeo More , Nashik

ITA 2/PUN/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9719 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-08-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 03-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK MISHRA

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI R.K. PANDA ACCOUNTANT MEMBER ITA NO. 02/PN/2011 (ASSESSMENT YEAR 2007-08) DY. COMMISSIONER OF INCOME TAX, CIRCLE-1, NASHIK. .. APPELLANT VS. SATISH WASUDEO MORE, PROP. TECHNO PROJECT ENGINEERS, FLAT NO.11, KRISHNA RESIDENCY, P& T COLONY, TRIMBAK ROAD, NASHIK. PAN NO.AFVPM 3712 P .. RESPONDENT ASSESSEE BY : NONE DEPARTMENT BY : SRI ALOK MISHRA DATE OF HEARING : 28-08-2012 DATE OF PRONOUNCEMENT : 28-08-2012 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 20-10- 2010 OF THE CIT(A)-I, NASHIK RELATING TO ASSESSMENT YEAR 2007-08. 2. THIS APPEAL WAS FIXED FOR HEARING ON 19-03-12. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE THE DEPARTMENT WAS DIRECTED THROUGH THE LEARNED DR TO SERVE NOTICE ON THE ASSESSEE AND ACCORDINGLY THE CASE WAS FIXED FOR HEARING ON 27-06-12. ON THAT DATE ALSO SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE THE CASE WAS ADJOURNED TO 28-08-12. IT WAS SEEN THAT THE NOTICE HAS NOT BEEN SERVED ON THE ASSESSEE TILL DATE BY THE DEPARTMENT FOR WHICH NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. THIS SHOWS THAT T HE DEPARTMENT IS NOT INTERESTED IN PURSUING THE APPEAL FILED BY IT. WE, THEREFORE, DE EM IT PROPER TO DISMISS THE APPEAL FILED BY THE DEPARTMENT. 2 3. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO MOVE AP PROPRIATE PETITION BEFORE THE TRIBUNAL FOR RESTORATION OF THE APPEAL. THE BENCH UPON SATISFACTION MAY PASS APPROPRIATE ORDERS FOR RESTORATION OF THE APPEAL. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS UNADMITTED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 28-08-12. SD/- SD/- (SHAILENDRA KUMAR YADAV) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE DATED: THE 28 TH AUGUST 2012 SATISH COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. CIT-I, NASHIK 4. ACIT, RANGE-1, NASHIK 5. THE D.R, B PUNE BENCH 6. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY ITAT, PUNE BENCHES, PUNE