Prakashchandra S. Soni, Ahmedabad V. The Asstt. Commissioner of Income Tax, Circle-10, Ahmedabad

MA 104/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4842 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 08-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER MA NO.104/AHD/2016 IN ITA.NO.3008/AHD/2016 / ASSTT. YEAR: 2009-10 PRAKASHCHANDRA S. SONI 209-210, NATIONAL PLAZA OPP: LAL BUNGALOW, C.G. ROAD AHMEDABAD. PAN : ACNPS 4516 Q. VS ACIT, CIR.10 AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI S.N. SOPARKAR, AR REVENUE BY : SHRI PRASOON KABRA, SR.DR / DATE OF HEARING : 07/10/2016 / DATE OF PRONOUNCEMENT: 07/10/2016 !'/ O R D E R PRESENT MISC. APPLICATION IS FILED AT THE INSTANCE OF THE ASSESSEE POINTING OUT APPARENT ERROR IN THE ORDER OF THE TRI BUNAL DATED 6.10.2016 IN ITA NO.3008/AHD/2015. IT IS PLEADED IN THE APPLICA TION THAT APPEAL OF THE ASSESSEE WAS DISMISSED FOR WANT OF PROSECUTION. AF TER PERUSAL OF THE APPLICATION, I AM CONVINCED THAT THE ASSESSEE HAS R EASONABLE CAUSE FOR NOT APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARIN G. I THEREFORE, RECALL ORDER OF THE TRIBUNAL DATED 6.1.2016 PASSED IN ITA.NO.300 8/AHD/2015 AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER. REGISTRY IS DIR ECTED TO LIST THE ABOVE APPEAL MA NO.104/AHD/2016 2 FOR HEARING ON 5 TH JANUARY, 2017. FRESH NOTICE IS DISPENSED WITH, AS BOTH PARTIES ARE INTIMATED IN THE OPEN COURT OF NEXT DAT E OF HEARING. 2. IN THE RESULT, MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 7 TH OCTOBER, 2016 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 07/10/2016