Manas Ranjan Mohanty, Bhubaneswar V. ITO, Bhubaneswar

MA 11/CTK/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9336 (ITAT-CUTTACK)
• Duration Of Justice: 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-11-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 09-11-2012
• Court: TRIBUNAL
• Department Lawyers: S C MOHANTY
• Assessee Lawyers: S K JENA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK ( ) BEFORE . . , , HONBLE SHRI K.K.GUPTA, ACCOUNTANT MEMBER. /AND . . . , H ONBLE SHRI K.S.S.PRASAD RAO, JUDICIAL MEMBER MISC. APPLN. NO.011/CTK/2012 IN / I.T.A.NO. 92/CTK/2011 DT.18.5.2012 / ASSESSMENT YEAR 2006 - 07 MANAS RANJAN MOHANTY, PLOT NO.1217, BOMIKHAL, P.O.RASULGARH, BHUBANESWAR 10 PAN: ACYPM 6645 F - - - VERSUS - ITO, WARD 1(1), BHUBANESWAR. ( /APPELLANT ) ( / RESPONDENT ) / FOR THE APPELLANT : / SHRI S.K.JENA, AR / FOR THE RESPONDENT: / SHRI S.C.MOHANTY, DR / DATE OF HEARING: 30.11.2012 / DATE OF PRONOUNCEMENT: 30.11.2012 / ORDER . . , , SHRI K.K.GUPTA, ACCOUNTANT MEMBER . THE ASSESSEE HAS FILED THIS MISC. APPLICATION SEEKING RECALL OF THE EXPARTE ORDER DT.18.05.201 2 PASSED BY THE TRIBUNAL AND ALLOW AN OPPORTUNITY OF HEARING TO THE ASSESSEE. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE APPEAL WAS FIXED FOR HEARING ON 17.5.2012 BUT UNFORTUNATELY ONE WEEK PRIOR TO THE SCHEDULED DATE THE CONDUCTING COUNSEL SRI N ARESH CH. ACHARYA, AGED ABOUT 67 YEARS HAD SEVERE PROSTRATE PROBLEM IN HIS LOWER ABDOMIONAL PORTION OF THE BODY AND WAS HOSPITALIZED AT KALINGA HOSPITAL, BHUBANESWAR FOR HIS TREATMENT AND HE WAS UNABLE TO INFORM THE ASSESSEE ABOUT THE FIXING OF THE APPEAL. THE LEARNED DR DID NOT HAVE ANY MATERIAL CONTRARY TO THE ABOVE SUBMISSIONS. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES, WE ARE OF THE CONSIDERED VIEW THAT THE NON - APPEARANCE ON THE DATE OF HEARING OF THE 2 APPEAL WAS UNTENTIONAL, AND AS SUCH WE RECA LL THE EXPARTE ORDER DT.28.9.2012 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 2 ND JANUARY, 2013. NO FURTHER ADJOURNMENT WILL BE GRANTED ON THE SAID DATE. 3. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. SD/= SD/ - ( . . . ) , (K.S.S.PRASAD RAO), JUDICIAL MEMBER ( . . ) , , (K.K.GUPTA), ACCOUNTANT MEMBER. ( ) DATE: 30.11.2012 - COPY OF THE ORDER FORWARDED TO: 1 . / THE APPELLANT : MANAS RANJAN MOHANTY, PLOT NO.1217, BOMIKHAL, P.O.RASULGARH, BHUBANESWAR 10 2 / THE RESPONDENT: ITO, WARD 1(1), BHUBANESWAR. 3 . / THE CIT, 4 . ( )/ THE CIT(A), 5 . / DR, CUTTACK BENCH 6 . GUARD FILE . / TRUE COPY, / BY ORDER, APPENDIX XVII SEAL TO BE AFFIXED ON THE ORDER SHEET BY THE SR. P.S./P.S. AFTER DICTATION IS GIVEN 1. DATE OF DICTATION 30.11.2012 . 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFOR E THE DICTATING MEMBER 30.11.2012 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 DICTATING MEMBER FOR PRONOUNCEMENT.... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S . 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 30.11.2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ................ 9. DATE OF DESPATCH OF THE ORDER .. ( ), (H.K.PADHEE), SENIOR.PRIVATE SECRETARY.