M/s. Laxmi Fabrics, Ahmedabad V. The Jt.CIT, Mehsana Range, Mehsana

MA 13/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4839 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 04-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: U S BHATTI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE SHRI RAJPAL YADAV, JM, & SHRI MANISH BORA D, AM. M.A. NO.13/AHD/2016 ITA NO.3238/AHD/ 2015 ASST. YEAR 2011-12 M/S LAXMI FABRICKS, PLOT NO.211, PHASE-1, GIDC CHHATRAL, TAL. KALOL, DIST. GANDHINAGAR. VS. JT. CIT, MEHSANA RANGE, MEHSANA. APPELLANT RESPONDENT PAN AACFL 7661A APPELLANT BY SHRI U. S. BHATTI, AR RESPONDENT BY SHRI PRASOON KABRA, SR.DR DATE OF HEARING: 7/10/2016 DATE OF PRONOUNCEMENT: 07/10/2016 O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER . THIS MISCELLANEOUS APPLICATION IS ARISING OUT OF T HE ORDER OF THE TRIBUNALS ORDER IN ITA NO.3238/AHD/2015 FOR ASST. YEAR 2011-12 DATED 21.01.2016. THE APPEAL WAS DISMISSED FOR WANT OF PROSECUTION. IT IS POINTED OUT IN THE APPLICATION THAT THE LD. C OUNSEL FOR THE ASSESSEE NOTED DOWN THE DATE OF HEARING AS ON 22.01.2016 ON THE BASIS OF INDICATION GIVEN ON THE NET I.E. ITAT.NIC.IN INSTEA D OF 21.01.2016 AND THAT IS WHY HE COULD NOT APPEAR ON THE DATE OF HEAR ING I.E. ON 21.01.2016. M.A. NO.13/AHD/2016 IN ITA NO.3238/AHD/2015 ASST. YEAR 2011-12 2 2. AFTER HEARING THE LD. REPRESENTATIVES WE ARE SAT ISFIED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FOR NOT APPEARING ON THE DATE OF HEARING. THEREFORE, WE RECALL THE ORDER DAT ED 21.01.2016 RESTORE THE APPEAL. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 20.12.2016. SINCE THE DATE IS PRONOUNCED IN THE COURT NO FRESH NOTICE WILL BE ISSUED TO THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07, OCTOBER, 2016 SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER DATED 07/10/2016 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, AHMEDABAD M.A. NO.13/AHD/2016 IN ITA NO.3238/AHD/2015 ASST. YEAR 2011-12 3 1. DATE OF DICTATION: 7/10/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 7/10/2016 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 10/10/2016 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: