Monisha Nitin, CHENNAI V. ITO, CHENNAI

MA 12/CHNY/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6562 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 19-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Assessee Lawyers: R BALAJI

Judgement Text

, .. , IN THE INCOME TAX APPELLATE TRIBUNAL , SMC B BENCH, CHENNAI . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO.12/CHNY/2018 IN I.T.A.NO.1213/MDS/2017 ( / ASSESSMENT YEAR :2011-12) MRS. MONISHA NITIN, 14/30, KRISHNA RAO STREET, T. NAGAR, CHENNAI 600 017. VS THE INCOME TAX OFFICER, NON CORPORATE WARD I(3), CHENNAI. PAN: BCLPM8132M (PETITIONER) ( / RESPONDENT) APPLICANT BY : SHRI R. BALAJI, CA /RESPONDENT BY : SHRI B. SAGADEVAN, JCIT /DATE OF HEARING : 18.05.2018 /DATE OF PRONOUNCEMENT : 18.05.2018 / O R D E R THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A . NO.1213/MDS/2017 DATED 11.10.2017 FOR THE ASSESSMENT YEAR 2011-12. 2. AT THE OUTSET, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE ASSESSEE HAD PAID THE APPROPRIAT E FEES UNDER THE CORRECT HEAD ON 08.10.2017 AND THEREFORE PLEADED TH AT THE ORDER OF THE TRIBUNAL DISMISSING THE APPEAL OF THE ASSESSEE IN LIMINI FOR NON- PAYMENT OF APPEAL FEES MAY BE RECALLED. THE LD.DR COULD NOT RAISE ANY STRONG OBJECTION TOWARDS THE SUBMISSION OF THE LD.AR. 2 MP NO.12/CHNY/2018 3. CONSIDERING THE PLEA OF THE LD.AR, I HEREBY REC ALL THE ORDER OF THE TRIBUNAL PASSED ON 11.10.2017 AND DIRECT THE RE GISTRY TO POST THE APPEAL FOR HEARING IN DUE COURSE ALONG WITH THE REP ORT ON THE PAYMENT OF THE APPROPRIATE APPEAL FEES BY THE ASSESSEE. THE REGISTRY IS ALSO DIRECTED TO INTIMATE BOTH THE PARTIES REGARDING THE DATE OF HEARING. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MAY, 2018 AT CHENNAI. SD/- ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER /CHENNAI, ! /DATED 18 TH MAY, 2018 RSR . $%&' ()& /COPY TO: 1. APPLICANT 2. RESPONDENT 3. * ( ('% ) /CIT(A) 4. * /CIT 5. &,- . /DR 6. -/ % /GF.