Lalwani Lease Finance Ltd., Ahmedabad V. The Income tax Officer,Ward-4(3), Ahmedabad

MA 105/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8462 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 28-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K VOHRA
• Assessee Lawyers: R B RATHI
• Keywords: Reasonable cause

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , !', #$ # % BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER MA NO.105/AHD/2012 ( ./ IN I.T.A. NO.3253/AHD/2011) ( ( ( ( ( / / / / ASSESSMENT YEAR : 2007-08) LALWANI LEASE FINANCE LTD. C/O.R.B.RATHI & CO., 35, NEW CLOTH MARKET AHMEDABAD 380 002 / VS. THE ITO WARD-4(3) AHMEDABAD ) #$ ./*+ ./ PAN/GIR NO. : AAACL 3549 A ( ), / // / APPLICANT ) .. ( -.), / RESPONDENT ) APPLICANT BY : SHRI R.B. RATHI, A.R. RESPONDENT BY : SHRI R.K.VOHRA, SR.D.R. / 0 '$ / / / / DATE OF HEARING : 06/07/2012 12( 0 '$ / DATE OF PRONOUNCEMENT : 06/07/2012 #3 / O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : BY THIS MISCELLANEOUS APPLICATION FILED ON 28/-5/20 12, THE ASSESSEE HAS REQUESTED FOR RECALLING OF THE ORDER D ATED 27/02/2011 PASSED BY THE ITAT B BENCH AHMEDABAD IN ITA NO.3253/AHD /2011 (A.Y. 2007-08) AND THE RELEVANT PORTION IS REPRODUCED BEL OW:- MA NO.105/AHD/2012 (IN ITA NO.3253/AHD/2011) LALWANI LEASE FINANCE LTD. VS. ITO ASST.YEAR - 2007-08 - 2 - SIR, THE ABOVE REFERRED APPEAL WAS FILED BY APPELLANT ON 18/11/2011 AND WHILE ISSUING THE COMPUTERIZED RECEI PT, THE FIRST DATE OF HEARING WAS FIXED ON 27/02/2012, SINC E THE DATE OF HEARING WAS ATTACHED ALONG WITH THE COMPUTERIZED RE CEIPT OF APPEAL FILING, THEREFORE THE APPELLANT HAS TAKEN IT INTO CONSIDERATION AS A RECEIPT ONLY, BUT SORRY TO STATE THAT THE ORDER HAS BEEN PASSED ON THE SAME DATE. THEREFORE IT IS PRAYED BEFORE YOUR HONOURS IN THE B EST INTEREST OF JUSTICE, THE CHANCE OF SECOND HEARING MAY KINDLY BE GIVEN BY FIXING THE DATE OF HEARING AND OPPORTUNITY OF B EING HEARD MAY BE GRANTED TO APPELLANT. 2. WE HAVE HEARD THE PARTIES. 3. AFTER CONSIDERING THE FACTS OF THE CASE AND THE SUBMISSION OF THE ASSESSEE, WE AGREE WITH THE CONTENTION OF THE ASSES SEE THAT THERE WAS A REASONABLE CAUSE FOR ASSESSEES FAILURE TO APPEAR B EFORE THE ITAT ON THE DATE OF HEARING. ACCORDINGLY, WE RECALL THE ORDER OF THE ITAT BENCH B AHMEDABAD PASSED IN ITA NO.3253/AHD/2011 DATED 27/0 2/2012 AND DIRECT THE REGISTRY TO FIX THE HEARING OF THE APPEA L ON 03/10/2012 IN THE LIGHT OF THE UNDERTAKING GIVEN BY THE LD.AR MR.R.B. RATHI THAT HE SHALL PROMPTLY COMPLY WITH THE APPELLATE PROCEEDINGS AND APPEAR BEFORE THE TRIBUNAL, SO THAT THIS APPEAL SHOULD BE DECIDED EAR LIEST POSSIBLE. BOTH PARTIES WERE INFORMED IN COURT AND THE NOTICE OF HE ARING WAS DISPENSED WITH THE CONSENT OF BOTH PARTIES. MA NO.105/AHD/2012 (IN ITA NO.3253/AHD/2011) LALWANI LEASE FINANCE LTD. VS. ITO ASST.YEAR - 2007-08 - 3 - 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/07/2012 SD/- SD/- ( !' ) ( ) #$ ( ANIL CHATURVEDI ) ( MUKU L KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER 4'.., .../ T.C. NAIR, SR. PS #3 0 -5 6#5( #3 0 -5 6#5( #3 0 -5 6#5( #3 0 -5 6#5(/ COPY OF THE ORDER FORWARDED TO : 1. ), / THE APPLICANT-ASSESSEE 2. -.), / THE RESPONDENT. 3. 7 / CONCERNED CIT 4. 7() / THE CIT(A)-VIII, AHMEDABAD 5. 5:; - , , / DR, ITAT, AHMEDABAD 6. ;< =/ / GUARD FILE. #3 #3 #3 #3 / BY ORDER, .5 - //TRUE COPY// > >> >/ // / * * * * ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION (COPIED MATTER) ON 6.7.2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 6.7.2012 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 10.7.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 10.7.12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER