RAKESH CHHUGARAM KHATRI, AMRAVATI V. JOINT. CIT- AMRAVATI CIRCLE., AMRAVATI

MA 12/NAG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3499 (ITAT-NAGPUR)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 05-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: R B ATAL

Judgement Text

1 M.A. NO. 12/NAG/2015 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M. A. NO. 12/NAG/2015 (ARISING OUT OF ITA NO. 332/NAG/2013) ASSESSMENT YEAR : 2009 - 10. RAKESH CHHUGARAM KHATRI, JT. COMMISSIONER OF PROP. KHATRI GENERAL AND TEXTILE VS. INCOME TAX, INDUSTRY, CHHATRI TALAO ROAD, AMRAVATI. AMRAVATI. (APPLICANT) RESPONDENT. APPLICANT BY : SHRI R.B. ATAL. RESPONDENT BY : SHRI NARENDRA KANE.. DATE OF HEARING : 04 - 09 - 2015 DATE OF PRONOUNCEMENT : 11 TH SEPT. 2015. O R D E R PER SHR I SHAMIM YAHYA, A.M . BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF THE ORDER OF THIS TRIBUNAL IN ITA NO. 332/NAG/2013 FOR ASSESSMENT YEAR 2009 - 10 VIDE ORDER DATED 20 - 05 - 2015 2. IN THE ABOVE ORDER THE ASSESSEES APPEAL WAS DISMISSED FOR NON PROSECUTION. NOW THE ASSESSEE PLEADS THAT NON APPEARANCE BY THE ASSESSEES REPRESENTATIVE ON THAT DAY WAS DUE TO THE NON RECEIPT OF NOTICE OF HEARING. 2 M.A. NO. 12/NAG/2015 3. WE HAVE HEARD BOTH THE COUNSEL AND A FTER CAREFULLY PERUSING THE RECORDS WE ARE INCLINED TO RECALL OUR ABOVE SAID ORDER. ACCORDINGLY THE ABOVE ORDER IS RECALLED. REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 2 8 - 10 - 2015. 4. MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF SEPT. 2015. SD/ SD/ (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 11 TH SEPT., 2015. COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE