Navneet Bansal, Agra V. I.T.O.-1(3), Agra

MA 13/AGR/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0118 (ITAT-AGRA)
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-05-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-05-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 25-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: E PASS ROAD AGRA ABSPB N
• Assessee Lawyers: MANUJ SH ARMA ADV B

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/2013 (IN ITA NO. 433/AGRA/2012) ASSTT. YEAR : 2007-08 NAVNEET BANSAL, VS. INCOME-TAX OFFICER, 1, PRAKASH ENCLAVE, 1(3), AGRA. BYE PASS ROAD, AGRA. (ABSPB 3698 N) (APPELLANT) (RESPONDENT) APPELLANT BY : S/SRI RAJENDRA SHARMA & MANUJ SH ARMA, ADV. RESPONDENT BY : SHRI K.K. MISHRA, JR. D.R. DATE OF HEARING : 24.05.2013 DATE OF PRONOUNCEMENT OF ORDER : 24.05.2013 ORDER PER BHAVNESH SAINI, J.M.: THE ASSESSEE MOVED PRESENT MISC. APPLICATION PRAYI NG TO RECALL EARLIER ORDER OF TRIBUNAL DATED 30.01.2013, WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR NON-PROSECUTION. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT EARLIER SHRI K.L. GOYAL, CHARTERED ACCOUNTANT WAS AUTHORIZED TO APPEAR IN TH E MATTER, BUT DUE TO SUDDEN ILLNESS OF HIS WIFE, HE COULD NOT ATTEND THE PROCEE DINGS. THE LD. DR HAS NO OBJECTION ON THE CONTENTIONS OF THE LD. COUNSEL FOR ASSESSEE. M.A. NO. 13/AGRA/2013 2 3. CONSIDERING THE EXPLANATION OF THE ASSESSEE FOR NON-APPEARANCE ON THE DATE OF HEARING AND THAT THE APPEAL HAS NOT BEEN DECIDED ON MERIT, WE RECALL EARLIER ORDER OF THE TRIBUNAL PASSED EXPARTE AND RESTORE THE APPE AL OF THE ASSESSEE. OFFICE IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 03.07.201 3, FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED TO THE ASSESSEE. 4. IN THE RESULT, THE M.A. OF THE ASSESSEE IS ALLOW ED. ORDER PRONOUNCED IN THE OPEN COURT. 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