Areez Pirozsha Khambhatta, Ahmedabad V. The ACIT, Circle-10, Ahmedabad

MA 113/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1555 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 17-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C MATHEWS
• Assessee Lawyers: PF JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEM BER AREEZ PIROZSHA KHAMBATTA PROP. OF JAFEE MFG. CO. B/H, ELLISHBRIDEGE GYMKHANA, ELLISHBRIDE, AHMEDABAD PAN: ABMPK 6322 L (APPELLANT) VS THE ACIT, CIRCLE-10, AHMEDABAD (RESPONDENT) REVENUE BY: SRI K.C. MATHEWS, SR.D.R. ASSESSEE BY: SRI P.F. JAIN, A.R. DATE OF HEARING : 07-03-2014 DATE OF PRONOUNCEMENT : 21-03-20 14 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THOUGH THIS MISCELLANEOUS APPLICATION ASSESSEE WAN TS US TO RECALL OUR ORDER DATED 17-05-2013. MA NO. 113/AHD/2013 ( IN ITA NO. 1574/AHD/2012 ) ASSESSMENT YEAR 2006-07 M.A. NO. 113/AHD/2013 (IN ITA NO. 1574/AHD/2012) A.Y. 2006-07 PAGE NO AREEZ PIROZSHA KHAMBATTA VS. ACIT 2 2. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD, WE FIND THAT ASSESSEES APPEAL WAS DISMISSED FOR NON-PROSECUTION . NOW THE ASSESSEE HAS GIVEN REASON FOR NOT BEING ABLE TO BE PRESENT ON TH E DATE OF HEARING IN SUPPORT OF WHICH AN AFFIDAVIT HAS ALSO BEEN FILED. IN VIEW OF THIS, WE ARE SATISFIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FOR NOT BEING ABLE TO BE PRESENT ON THE DATE OF HEARING AND THEREFORE ORD ER DATED 17-05-2013 IS HEREBY RECALLED. HEARING OF THIS APPEAL HAS BEEN F IXED FOR 24-04-2014 AFTER TAKING CONSENT OF BOTH THE PARTIES. NO SEPARATE NO TICE WILL BE ISSUED FOR THIS. 3. IN THE RESULT, MA FILED BY ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (N.S. SAINI) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 21/03/2014 AK / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,