M/s. Om Developers, Ahmedabad V. The Asstt. Commissioner of Income Tax, Circle-5, Baroda

MA 108/AHD/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5505 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 13-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANIL R SHAH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV , JUDICIAL MEMBER AND SHRI MANISH BORAD , ACCOUNTANT MEMBER M.A. NO.108/AHD/2016 IN ./ ITA NO. 6 42 / AHD /201 3 / ASSTT. YEAR: 20 0 8 - 20 09 M/S.OM DEVELOPERS, C/O ANIL R.SHAH (FCA), SHREEJI HOUSE, 4 TH FLOOR, B/H M.J. LIBRARY, ELLIS BRIDGE, AHMEDABAD P AN :AABFO4011A VS . ACIT, CIRCLE - 5, BARODA (APPLICANT) (RESPONENT) ASSESSEE BY : SHRI ANIL R. SHAH , AR REVENUE BY : SHRI JAMES KURIAN , DR / DATE OF HEARING : 07 / 04 / 201 7 / DATE OF PRONOUNCEMENT: 18 / 04 /201 7 / O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER THIS MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF ASSESSEE STATING THAT NOTICE FIXING THE HEARING ON 13/04/2016 WAS NOT RECEIVED BY US AND THEREFORE ON THE DATE OF HEARING ON 25/05/2015 NEITH ER WE COULD APPEAR IN PERSON NOR WE COULD INFORM OUR AUTHORIZED REPRESE NTATIVE SHRI ANIL R. SHAH, C.A TO APPEAR ON THE DATE OF HEARING WHICH WAS RESULTED INTO EX - PARTY ORDER REFERRED ABOVE. DUE TO THIS BONA FIDE REASON NOBODY COULD APPEAR AT THE TIME OF HEARING. M.A.NO.108/AHD/2016 IN ITA NO.642 /AHD/2013 ASSTT. YEAR 2008 - 0 9 2 2. AFTER HEARING THE LD. REPRESENTATIVES, WE ARE SATISFIED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT REASON FOR NOT APPEARING ON THE DATE OF HEARING. THEREFORE, WE RECALL THE ORDER TO ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO FIX THE HEARING OF THE APPEAL ON 05/07/2017. NO NOTICE WILL BE ISSUED TO BOTH THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED. O RDER PRONOUNCED IN THE COURT ON 18 TH APRIL , 2017 AT AHMEDABAD. SD/ - SD/ - ( RAJPAL YADAV ) JUDICIAL MEMBER (MANISH BORA D ) ACCOUNTANT MEMBER TRUE COPY A HMEDABAD; DATED 18 / 04 /2017 MANISH / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , / DR, ITAT, 6. / GUARD FILE .