T.P.Umesh, CHENNAI V. JCIT, CHENNAI

MA 1/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4003 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-03-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 04-03-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 06-01-2016
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTHJCIT
• Assessee Lawyers: N VIJAYKUMARC A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI , ! ' ! # . $% & '( BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER M.P. NO.01/MDS./2016 (I.T.A.NO.896 /MDS./2015 ( ASSESSMENT YEAR :2011-12) MR.T.P.UMESH , NEW NO.6,OLD NO.25,SHIVALAYA FLAT,THIRVENGADAM STREET, MANDAVALLI,CHENNAI 600 028. VS. JOINT COMMISSIONER OF INCOME TAX,SALARY RANGE-VI(I/C), CHENNAI. PAN AAJPJ 5610 N ( )* / APPELLANT ) ( +,)* / RESPONDENT ) / APPELLANT BY : MR.N.VIJAY KUMAR,C.A / RESPONDENT BY : MR.A.V.SREEKANTH,JCIT, D.R / DATE OF HEARING : 04.03.2016 /DATE OF PRONOUNCEMENT : 09.03.2016 - / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY THIS MISCELLANEOU PETITION, THE ASSESSEE SEEKS RECALL OF THE EX PARTE ORDER OF THE TRIBUNAL IN ITA NO.896/MDS./2 015 DATED 12.08.2015. MP NO.01/MDS/2016 2 2. THE LD. AR SUBMITTED THAT THE ASSESSEE HAS MENTI ONED OLD ADDRESS IN FORM NO.36. AS SUCH ASSESSEE HAS NOT RECEIVED THE NOTICE ISSUED FOR HEARING OF THE CASE ON 12.08. 2015 AND IT IS A BONA FIDE MISTAKE OF THE ASSESSEE AND IT IS TO BE CONDONED AND THE ODER OF THE TRIBUNAL TO BE RECALLED FOR FRESH H EARING. THE LD. DR HAS NOT RAISED ANY OBJECTION. 3. AFTER HEARING BOTH THE PARTIES, WE ARE OF THE O PINION THAT NON-APPEARANCE OF THE ASSESSEE ON THE DATE OF HEARI NG WAS NEITHER WILLFUL NOR WANTON AND THE REASONS GIVEN BY THE LD. COUNSEL FOR THE ASSESSEE ARE GOOD AND SUFFICIENT TO CONDONE THE NON-APPEARANCE OF THE ASSESSEE ON THE DATE OF HEARI NG. ACCORDINGLY, IN THE INTEREST OF JUSTICE, WE RECALL EX-PARTE ORDER DATED 12.08.2015 AND DIRECT THE REGISTRY TO POST TH E APPEAL FOR FRESH HEARING ON 25.04.2016 AND NO FRESH NOTICE OF HEARING WOULD BE SERVED ON BOTH THE PARTIES. THIS ORDER IT SELF WILL SERVE AS NOTICE OF HEARING TO BOTH THE PARTIES. MP NO.01/MDS/2016 3 4. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON FRIDAY, THE 9 TH OF MARCH,2016 AT CHENNAI. SD/- SD/- ! . '# $ ( DUVVURU RL REDDY ) ) ( ( %&' ( ) ) ) CHANDRA POOJARI $* JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 9 TH MARCH,2016 . K S SUNDARAM. !+,**-./*0/ /COPY TO: * 1. /APPELLANT 2. /RESPONDENT 3. ! *! 1*$ /CIT(A) 4. ! *! 1 /CIT 5. /23*--4 /DR 6. 3#5*6 /GF