Appeal details
Counselvise Citation
[2016] 124 COUNSELVISE.COM (IT) 4862 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 24 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
21-10-2016
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Assessment Year
2007-2008
Appeal Filed On
28-07-2016
Judgement Text
, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER MA NOS. 129 TO 134/AHD/2016 (ARISING OUT OF IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015) / ASSESSMENT YEAR : 2005-06 TO 2008-09, 2010-11 & 201 1-12 SHAKIL ZAKARIA MENON, 201, 2 ND FLOOR, SHERAN CHAMBER, NEAR DUDAMAN GENDA FALIYA, HATHIKHANA, BARODA-390006 PAN : ADWPM 5196 N VS ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1 (2), BARODA / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI SURENDRA MODIANI, AR REVENUE BY : SHRI ROOPCHAND, SR DR / DATE OF HEARING : 21/10/2016 / DATE OF PRONOUNCEMENT: 21/10/2016 / O R D E R PER R.P. TOLANI, JUDICIAL MEMBER:- THESE ARE MISCELLANEOUS APPLICATIONS FILED BY THE A SSESSEE AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL DATED 30.05.2016 PASSED IN IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015 FOR THE ASSESSMENT YEARS 2005-06 TO 2008-09, 2010-11 & 2011-12. 2. BY THESE MISCELLANEOUS APPLICATIONS, THE ASSESSE E HAS SOUGHT FOR RECALLING OF THE AFORESAID ORDER OF THE ITAT PASSED ON 30.05.2016. 3. AT THE TIME OF HEARING BEFORE US, IT IS SUBMITTE D BY THE LD. COUNSEL FOR THE ASSESSEE THAT THE ADJOURNMENTS IN THESE CASES W ERE NOT SOUGHT BY THE ASSESSEE BUT IT WAS BY THE DESIRE OF THE BENCH SO A S TO HEAR THESE APPEALS ALONGWITH THE APPEALS AGAINST RELATIVE ASSESSMENT O RDERS. IN THIS REGARD, IT IS SUBMITTED THAT, AS DESIRED BY THE BENCH, THE ASSESS EE FILED APPLICATION FOR MA NOS. 129 TO 134/AHD/2016 SHAKIL ZAKARIA MENON VS. ACIT AY : 2005-06 TO 08-09, 2011-11 & 2011-12 2 CONSOLIDATION OF APPEALS ON 16.03.2016, 14.04.2016 AND 11.05.2016. IT IS FURTHER SUBMITTED THAT THE LD. COUNSEL FOR THE ASSE SSEE MET WITH AN ACCIDENT ON 23.05.2016 AND GOT FRACTURE IN HAND. THE ASSESS EE ALSO GOT PARALYSIS ATTACK AND WAS UNDERGONE MEDICAL TREATMENT, WHICH R ESULTED IN NON- APPEARANCE ON THE DATE FIXED FOR HEARING. 4. THE LD. DEPARTMENTAL REPRESENTATIVE, ON THE OTHE R HAND, RELIED UPON THE ORDER OF THE ITAT. 5. AFTER CONSIDERING THE FACTS OF THE CASE AND THE SUBMISSIONS OF BOTH THE SIDES, IN OUR CONSIDERED OPINION, THE ASSESSEE HAS BEEN PREVENTED BY JUSTIFIABLE REASON FOR NOT APPEARING BEFORE THE TRI BUNAL ON THE DATE FIXED FOR HEARING. THEREFORE, WE RECALL THE ORDER DATED 30.05 .2016 PASSED BY THE TRIBUNAL IN IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015 AND DIRECT THE REGISTRY TO FIX THE APPEALS FOR HEAR ING ON 6 TH DECEMBER 2016. THIS DATE HAS BEEN COMMUNICATED TO BOTH THE PARTIES IN THE OPEN COURT; THEREFORE, NO FRESH NOTICE WILL BE ISSUED TO THE AS SESSEE. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS AR E ALLOWED AS ABOVE. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (R.P. TOLANI) JUDICIAL MEMBER AHMEDABAD; DATED 21/10/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD
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