JAGDISH PRASAD MEENA, Jaipur V. ITO, Jaipur

MA 141/JPR/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5630 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 16-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DCIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] (SMC) T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, (SMC) JAIPUR JH FOT; IKY JKO] U;KF;D LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM M.A. NO. 141/JP/2017 ARISING OUT OF ITA NO. 630/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2006-07 SHRI JAGDISH PRASAD MEENA, C-52, MODEL TOWN, MALVIYA NAGAR JAIPUR. CUKE VS. ITO WARD 6(1) JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ACOPM 7915 L VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI RAJEEV SOGANI (C.A) JKTLO DH VKSJ LS@ REVENUE BY : SMT. POONAM RAI (DCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 21/12/2017 MN?KKS'K.KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 26/12/2017 VKNS'K@ ORDER PER: VIJAY PAL RAO, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESS EE SEEKING RECALLING OF ORDER DATED 07/04/2017 OF THIS TRIBUNAL IN ITA NO. 630/JP/2015 PERTAINING TO A.Y. 2006-07 WHEREBY THE ASSESSEES APPEAL WAS DISMISSED FOR NON-PROSECUTION. 2. I HAVE HEARD THE LD. AR AS WELL AS THE LD. D/R A ND CAREFULLY PERUSED THE AFFIDAVITS FILED BY THE ASSESSEE AS WELL AS THE AFF IDAVIT OF AUTHORIZED REPRESENTATIVE OF THE ASSESSEE IN SUPPORT OF THE MISCELLANEOUS APP LICATION. 2.1 THE LD. A/R OF THE ASSESSEE HAS STATED IN THE A FFIDAVIT THAT ON 21/03/2017 HE COULD NOT APPEAR BEFORE THE TRIBUNAL DUE TO HIS PRI OR ENGAGEMENT AND JOINT MEETING SCHEDULED WITH THE CLIENTS AND THEREFORE AN APPLICA TION FOR SEEKING ADJOURNMENT WAS FILED IN THE MATTER. IT IS TRANSPIRED FROM RECORD THAT THE ASSESSEE FILED AN APPLICATION 2 MA NO. 141/JP/2017. SH. JAGDISH PRASAD MEENA, JAIPUR. FOR ADJOURNMENT OF HEARING DATED 21 ST MARCH 2017, HOWEVER, SINCE NON APPEARED ON BEHALF OF THE ASSESSEE, THEREFORE, THE TRIBUNAL DIS MISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. HAVING REGARD TO THE FACTS AN D CIRCUMSTANCES OF THE CASE AS WELL AS IN VIEW OF THE RULE 24 OF INCOME TAX APPELL ATE TRIBUNAL RULES, 1963, THE IMPUGNED ORDER DATED 07/04/2017 IS RECALLED AND THE APPEAL OF THE ASSESSEE IS DIRECTED TO BE RE-FIXED FOR HEARING ON 01/02/2018. SINCE, THE NEXT DATE OF HEARING OF APPEAL IS PRONOUNCE IN THE OPEN COURT AND HAS BEEN NOTED DOWN BY THE PARTIES, THEREFORE, NO SEPARATE NOTICE SHALL BE ISSUED IN TH IS RESPECT. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26/12/2017. SD/- FOT; IKY JKO (VIJAY PAL RAO) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 26 /12/2017. POOJA/- VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SH. JAGDISH PRASAD MEENA, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD-6(1), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE [MA NO. 141/JP/2017] VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 3 MA NO. 141/JP/2017. SH. JAGDISH PRASAD MEENA, JAIPUR.