SHRI BHASKAR V. VELLIGATTA, Chandrapur V. JCIT, CHANDRAPUR RANGE, CHANDRAPUR, Chandrapur

MA 1/NAG/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4360 (ITAT-NAGPUR)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 15-04-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 27-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R MOHANKUMAR
• Assessee Lawyers: S C THAKAR

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH: NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M.A.NO. 01/NAG/2016 ( IN ITA NO. 90 /NAG/201 4 : AY : 200 9 - 10 ) SHRI BHASKAR V. VELLIGATTA LAXMI NAGAR, WADGAON RO AD, CHANDRAPUR - 442401 PAN: ABUPV1790M VS THE JOINT COMMISSIONER OF INCOME TAX, RAILWAY STATION ROAD, CHANDRAPUR (APPLIC ANT) (RESPONDENT) APPLICANT BY SHRI S.C.THAKAR , A.R. RESPONDENT BY SHRI R. MOHANKUMAR , D.R. DATE OF HEARING : - 1 5 /04/2016 DATE OF P RONOUNCEMENT: - 15 / 0 4 /2016 O R D E R PER SHRI SHAMIN YAHYA, A.M . BY WAY OF TH IS MISCELLANEOUS APPLICATION , THE ASSESSEE SEEKS RECALL OF THE ORDER OF TH IS TRIBUNAL IN ITA NO. 90 /NAG/201 4 IN A SSESSMENT Y EAR 2009 - 10 ORDER DT. 23 /0 6 /201 5 . T H E S AID APPEAL WAS D ISMISSED FOR NON - PROSECUTION. 2. NOW IT IS SUBMISSION OF THE ASSESSEE COUNSEL S , THAT ASSESSEE WAS OUT OF STATION AND HE INADVERTENTLY FAILED TO INFORM HIS COUNSEL AT NAGPUR REGARDING DATE FIX FOR HEARING. AS A RESULT, THERE WAS NO REPRESENTATION. 3. UPON HEARING BOTH THE COUNSEL AND PERUSING THE RECORDS, WE RECALL OUR AFORESAID ORDER. REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 05.05.2016. PARTIES HAVE BEEN INFORMED IN OPEN COURT . 2 MA NO.1 /NAG/201 6 (IN ITA NO. 90 /NAG/201 4 ) A.M.SIR.(MBODKHE,P.S.) 4 . IN THE RESULT, THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNC ED IN THE OPEN COURT ON THIS 15 TH DAY OF APRIL , 2016. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: - 15 / 04 /2016. MANGESH BODKHE/P.S. COPY FORWARDED TO : 1. APPLICANT 2. RESPONDENT 3. C.I.T., CONCERNED 4. CIT (APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR