Sri Sanjiv Kumar Singh, Kolkata V. ITO, Ward-36(3), Kolkata, Kolkata

MA 143/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7643 (ITAT-KOLKATA)
• Duration Of Justice: 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 27-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHURY CIT DR REVEN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI S.S. GODARA, HONBLE JM & DR. A.L. SAINI, HONBLE AM] M.A. NO. 143/KOL/2019 (A/O. ITA NO. 1104/KOL/2017) ASSESSMENT YEAR: 2012-13 SRI SANJIV KUMAR SINGH.........................................................APPELLANT C/O S.C. BAID & ORS RAJA WOODMUNT STREET 2 ND FLOOR KOLKATA 700 001 [PAN: AWHPS 3849 J] VS. INCOME TAX OFFICER, WARD-36(2), KOLKATA.........................................RESPONDENT APPEARANCES BY: SHRI SUBASH AGARWAL, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI ROBIN CHOUDHURY, ADDL. CIT (D/R) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 19 TH , 2019 DATE OF PRONOUNCING THE ORDER : JULY 19 TH , 2019 ORDER PER S.S. GODARA, JM :- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECALL OF THE TRIBUNALS ORDER DATED 26/04/2019 PASSED EX-PARTE DISMISSING ITS MAIN APPEAL FOR NON-PROSECUTION. 2. HEARD BOTH THE PARTIES. CASE FILES PERUSED. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSEE HAD NOT BEEN SERVED REGISTRYS RPAD NOTICE FOR 26/04/2019 IN THE ABOVE CASE. WE ARE SATISFIED THEREFORE THAT THERE WAS A SUFFICIENT CAUSE FOR ITS NON-APPEARANCE WHEN THE APPEAL WAS CALLED FOR HEARING. WE ACCORDINGLY RECALL OUR ORDER AND RESTORE THE APPEAL OF THE ASSESSEE TO ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING AFRESH BEFORE THE REGULAR BENCH AFTER NOTICE TO BOTH THE PARTIES. 3. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 19 TH DAY OF JULY, 2019. SD/- SD/- [A.L. SAINI] [S.S. GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 19.07.2019 {SC SPS} 2 M.A. NO. 143/KOL/2019 (A/O. ITA NO. 1104/KOL/2017) ASSESSMENT YEAR: 2012-13 SRI SANJIV KUMAR SINGH COPY OF THE ORDER FORWARDED TO: 1. SRI SANJIV KUMAR SINGH C/O S.C. BAID & ORS RAJA WOODMUNT STREET 2 ND FLOOR KOLKATA 700 001 2. INCOME TAX OFFICER, WARD-36(2), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES