Kamalyam Shankarnarayan, Pune V. Income -tax Officer, Pune

MA 14/PUN/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6482 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 02-02-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 09-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C V CHITALE

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI , AM . / MA NO. 14 /P U N/ 20 1 7 ARISING OUT OF ITA NO. 1037 /P U N/20 1 6 ASSESSMENT YEAR : 20 12 - 13 KAMALYAM SHANKARNARAYAN, AP. CTS NO.6297, FLAT NO.03, OPP. MAYUR CLASSIC, PIMPRI, PUNE 411018 ... APPLICANT PAN: ABZPS0783L VS. THE INCOME TAX OFFICER , WARD 8(4), PUNE ... RESPONDENT APPLICANT BY : S HRI C.V. CHITALE RESPONDENT BY : SHRI ACHAL SHARMA, ADDL.CIT / DATE OF HEARING : 16 . 0 3 .201 8 / DATE OF PRONOUNCEMENT: 13 . 0 4 .201 8 / ORDER PER SUSHMA CHOWLA , JM : THE APPLICANT VIDE PRESENT MISCELLANEOUS APPLICATION HAS SOUGHT RECALLING OF ORDER OF TRIBUNAL DATED 23.09.2016. THE SAID ORDER WAS PASSED EX - PARTE THE ASSESSEE. IN THIS REGARD, ASSESSEE HAS FILED AN AFFIDAVIT EXPLAINING THAT B ECAUSE OF HIS ADVANCED AGE OF 70 YEARS, HE HAD NOT PASSED ON THE NOTICE RECEIVED FROM THE REGISTRY TO THE CONSULTANT AND HEARING COULD NOT BE ATTENDED. AFFIDAVIT IN ORIGINAL IS PLACED ON RECORD. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE APPLICANT APP EARED AND MADE A PRAYER FOR RECALLING THE ORDER. 2 M A NO. 14 /P U N/20 1 7 OUT OF ITA NO.1037/PUN/2016 2. IN THE TOTALITY OF THE ABOVE SAID FACTS AND CIRCUMSTANCES, WE RECALL THE ORDER PASSED BY THE TRIBUNAL AND PLACE D FOR HEARING ON 19.04.2018. 3 . IN THE RESULT, MISCELLANEOUS APPLICATION OF APPLICANT IS AL LOWED. ORDER P RONOUNCED ON THIS 13 TH DAY OF APRIL , 201 8 . SD/ - SD/ - ( ANIL CHATURVEDI ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 13 TH A PRIL , 201 8 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A) - 9 , PUNE ; 4. THE CIT - 9 , PUNE ; 5. THE DR SMC , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE