SMT SWARAJ FOUJDAR, BHARATPUR V. ITO, BHARATPUR

MA 05/JPR/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5772 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 08-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J C KULHARI JCIT DHK
• Assessee Lawyers: R S PUNIA

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SIN GH YADAV, AM MISCELLANEOUS APPLICATION NO. 05/JP/2018 (ARISING OUT OF ITA NO. 185/JP/2017) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2012-13 SMT. SWARAJ FAUZDAR C/O OPP. BIRD SANCTUARY, GHANA ROAD, JAIPUR. CUKE VS. ITO WARD (2), BHARATPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAEPF 5425 G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI R.S. PUNIA (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI J.C. KULHARI (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16.03.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 19/03/2018. VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, AM THIS MISCELLANEOUS APPLICATION IS ARISING OUT OF T HE ITA NO. 185/JP/2017 PERTAINING TO THE AY 2012-13 FILED BY THE ASSESSEE AGAINST EX-PARTE ORDER PASSED BY THE CO-ORDINATE BENCH DATED 04/09/2017 WH EREIN THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR WANT OF PROSECUTION. 2. DURING THE COURSE OF HEARING, LD. AR SUBMITTED T HAT THE AUTHORIZED REPRESENTATIVE, WHO WAS APPOINTED TO REPRESENT THE ASSESSEE BEFORE THE TRIBUNAL, DID APPEAR FOR HEARING ON THE SCHEDULED D ATE OF HEARING I.E. 31 AUGUST 2017, BUT AFTER THE SCHEDULED TIME OF THE HE ARING AND BY THE TIME, HE REACHED THE COURT ROOM, THE HEARING IN THE MATTER W AS OVER AND THE APPEAL OF THE ASSESSEE WAS DISMISSED. IT WAS SUBMITTED THAT THE SAID DELAY IN APPEARANCE AND MISTAKE ON PART OF THE LD. AR IS TOT ALLY UNINTENTIONAL AND 2 MA NO. 05/JP/2018 SMT. SWARAJ FAUZDAR, JAIPUR. NECESSARY AFFIDAVIT OF THE LD. AR HAS ALSO BEEN ENC LOSED WHICH IS AVAILABLE ON RECORD. 3. LD. DR IS HEARD WHO HAS OPPOSED THE MISCELLANEOU S APPLICATION. 4. AFTER HEARING BOTH THE PARTIES AND IN INTEREST O F JUSTICE, THE EX-PARTE ORDER PASSED BY THE CO-ORDINATE BENCH DATED 04.09.2 017 IS HEREBY RECALLED AND THE HEARING IN THE MATTER IS HEREBY DIRECTED TO BE LISTED ON 19.04.2018. ISSUE OF SEPARATE NOTICE TO THE PARTIES IS DISPENSE D WITH. THE PARTIES MAY SUBMIT PAPER BOOK, IF ANY ONE WEEK IN ADVANCE BEFOR E THE SCHEDULED DATE OF HEARING. WITH THE ABOVE DIRECTIONS, THE MISCELLANEOUS APPLI CATION IS DISPOSED OFF. ORDER PRONOUNCED IN THE OPEN COURT ON 19/03/2018. SD/- SD/- ( JH FOT; IKY JKO] ) ( FOE FLAG ;KNO ( VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL; /ACCOUNTANT MEMBER JAIPUR DATED:- 19/03/2018. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SMT. SWARAJ FAUZDAR, JAIPUR. 2. THE RESPONDENT ITO, WARD (2), BHARATPUR. 3. THE CIT. 4. THE CIT (4), 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (MA NO. 05/JP/2018) VKNS'KKUQLKJ@ BY ORDER LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 MA NO. 05/JP/2018 SMT. SWARAJ FAUZDAR, JAIPUR.