Shri Paramhans Sant Seva Trust Samiti, Mathura V. C.I.T. - I, Agra

MA 13/AGR/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7938 (ITAT-AGRA)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 25-05-2012
• Assessment Year: misc
• Appeal Filed On: 02-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUHAIL AKHTAR
• Assessee Lawyers: GOVIND KRISHNA SECY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER M.A. NO. 13/AGRA/2011 (IN ITA NO. 445/AGRA/2009) SHRI PARAMHANS SANT SEVA TRUST SAMITI, VS. COMMISSI ONER OF PARAMHANS ASHRAM, PILI POKHAR, INCOME-TAX-I, AG RA. BARSANA, DISTRICT MATHURA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI GOVIND KRISHNA, SECY. /CA RESPONDENT BY : SHRI SUHAIL AKHTAR, JR. D.R. DATE OF HEARING : 25.05.2012 DATE OF PRONOUNCEMENT OF ORDER : 25.05.2012 ORDER PER BENCH : THE ASSESSEE FILED PRESENT MISCELLANEOUS APPLICA TION AGAINST THE ORDER OF TRIBUNAL DATED 30.03.2011 IN ITA NO. 445/AGRA/2009, WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMINE FOR NON-PROSECUTIO N. IT WAS NOTED IN THE ORDER OF THE TRIBUNAL THAT THE C.A., SHRI GOVIND KRISHNA, GE NERAL SECRETARY HAS NOT BEEN AUTHORIZED BY THE TRUST TO FILE ADJOURNMENT APPLICA TION. THEREFORE, THE ADJOURNMENT APPLICATION WAS REJECTED AND THE APPEAL WAS DISMISS ED IN DEFAULT. HOWEVER, THE RECORD REVEALS THAT SHRI GOVIND KRISHNA, WHO MOVED ADJOURNMENT APPLICATION, IS NOT ONLY A CHARTERED ACCOUNTANT, BUT ALSO A GENERAL SECRETARY OF THE ASSESSEE TRUST. THEREFORE, THERE IS NO QUESTION OF ANY FURTHER AUTH ORIZATION. THUS, THERE APPEARS M.A. NO. 13/AGRA/2011 2 APPARENT MISTAKE ON RECORD. THEREFORE, THE ORDER DA TED 30.11.2011 OF THE TRIBUNAL PASSED EXPARTE IS RECALLED AND THE APPEAL OF THE AS SESSEE IS RESTORED TO ITS ORIGINAL NUMBER. LET THE APPEAL BE FIXED FOR FINAL HEARING O N MERITS ON 09.07.2012, FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.05.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY