M/s. R.P. Impex, Surat V. The Income Tax Officer, (OSD) -1, Range-2, Surat

MA 106/AHD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0399 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-07-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 27-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT M EMBER M/S R.P. IMPEX 604, TRIVIDH CHAMBERS, OPP. FIRE BRIDGE, RING ROAD, SURAT PAN: (APPELLANT) VS THE INCOME TAX OFFICER(OSD)-1 RANGE-2, SURAT (RESPONDENT) REVENUE BY: SRI O.P. BATHEJA, SR.D.R. ASSESSEE BY: SRI HARDIK VORA, A.R. DATE OF HEARING : 19-07-2013 DATE OF PRONOUNCEMENT : 19-07-20 13 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THROUGH THIS MISCELLANEOUS APPLICATION ASSESSEE WA NTS US TO RECALL OUR EX-PARTE ORDER DATED 15-05-2013. 2. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD, WE ARE SATISFIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE WHI CH HAS BEEN MENTIONED IN M.A. NO.106 /AHD/2013 (ARISING OUT OF ITA NO. 749/AHD/2010) ASSESSMENT YEAR 2006-07 MA NO. 106/AHD/2013 A.Y. 2006-07 PAGE NO M/S RP IMPEX VS. ITO 2 THE MA AND SUPPORTED BY THE AFFIDAVIT FILED BY THE LEARNED COUNSEL OF THE ASSESSEE, IN NOT BEING ABLE TO PROSECUTE HIS APPEAL BEFORE US ON THE DATE OF HEARING. THEREFORE, THE ORDER DATED 15-05-2013 IS HEREBY RECALLED. REGISTRY IS DIRECTED TO FIX THIS APPEAL FOR HEARING ON 12-09 -2013. NO SEPARATE NOTICE WILL BE SENT FOR HEARING AS THE DATE OF HEARING WAS ANNOUNCED IN OPEN COURT. ACCORDINGLY THE MA IS ALLOWED. 3. IN THE RESULT, THE MA IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (A.K. GARODIA) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 19/07/2013 AK / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. / CONCERNED CIT 4. - / CIT (A) 5. , ! , '# / DR, ITAT, AHMEDABAD 6. $% &' / GUARD FILE. BY ORDER/ , ( / ' ) ! , '#