Narendra Deo Dube, Kolkata V. ITO, Ward-51(4), kolkata, Kolkata

MA 121/KOL/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4994 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 02-09-2016
• Court: TRIBUNAL

Judgement Text

1 MA NO. 121/KOL/2016 NARENDRA DEO DUBE, AY 2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI M. BALAGANESH, AM & SHRI S. S. VISWA NETHRA RAVI, JM M.A. NO. 121/KOL/2016 I.T.A NO. 461/KOL/2013 ASSESSMENT YEAR: 2007-08 NARENDRA DEO DUBE VS. INCOME-TAX OFFICER, WD-5 1(4), KOLKATA (PAN: AGRPD6877H) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 18.11.2016 DATE OF PRONOUNCEMENT: 18.11.2016 FOR THE APPLICANT: SHRI ANIL KOCHAR, ADVOCATE FOR THE RESPONDENT: SHRI SALLONG YADEN, ADDL. CIT ORDER PER SHRI M. BALAGANESH, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 461/KOL/20 13 DATED 05/02/2016 FOR ASSESSMENT YEAR 2007-08 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 05.02.2016 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECUTION . 3. THE LD. COUNSEL FOR THE ASSESSEE HAS NOW MOVED T HIS MISC. PETITION AND STATED THAT ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING THI S APPEAL. HE ALSO SUBMITTED THAT THE PETITIONER COULD NOT ATTEND AS BECAUSE THE PETITION ER FAILED TO MAINTAIN RELEVANT NOTE ABOUT THE HEARING DATES AND AS SUCH THERE AROSE UNINTENTI ONAL DEFAULT ON THE PART OF THE PETITIONER. THEREFORE, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 05.02.2016 FOR PASSING A FRESH ORDER ON MERIT AFTER HEARING THE PA RTIES. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF SUBSTANTIAL JUSTICE, WE DEEM IT FIT AND APPROPRIATE TO RECALL THIS ORDER OF THE TRIBUNAL DATED 05.02.2016 AND ADMIT TH E APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (S. S. VISWANETHRA RAVI) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTA NT MEMBER DATED : 18 TH NOVEMBER, 2016 JD.(SR.P.S.) 2 MA NO. 121/KOL/2016 NARENDRA DEO DUBE, AY 2007-08 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT SHRI NARENDRA DEO DUBE, FD-80C, SECTOR-I II, SALT LAKE CITY, KOLKATA-700 106. 2 RESPONDENT ITO, WARD-51(4), KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .