NAVEEN BASOTIA, Jaipur V. ITO, Jaipur

MA 15/JPR/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6225 (ITAT-JAIPUR)
• Duration Of Justice: 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 23-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P P MEENA JCIT DHK
• Keywords: Reasonable cause

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH HKKXPAN] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, A M M.A. NO. 15/JP/2018 ARISING OUT IF ITA NO. 107/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08. SHRI NAVEEN BASOTIA, C-3, MADHUBAN COLONY, TONK PHATAK, JAIPUR. CUKE VS. THE ITO WARD-6(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ACQPB 8163 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ANOOP BHATIYA (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI P.P. MEENA (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09.02.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 13/02/2018. VKNS'K@ ORDER PER: SHRI VIJAY PAL RAO, JM THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE FOR SEEKING RECALLING OF ORDER DATED 7 TH NOVEMBER 2017 OF THIS TRIBUNAL WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR NON-PROSECUTION. 2. WE HAVE HEARD THE LD. AR AS WELL AS LD. D/R AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE ASSESSEE HAS FILED AN AFFI DAVIT EXPLAINING THE CAUSE OF NON- APPEARANCE ON 7.11.2017 WHEN THE APPEAL OF THE ASSE SSEE WAS TAKEN FOR HEARING. WE HAVE PERUSED THE MISCELLANEOUS APPLICATION AS WE LL AS AFFIDAVIT FILED BY THE ASSESSEE AND ARE SATISFIED THAT THE ASSESSEE WAS HA VING A REASONABLE CAUSE FOR NON APPEARANCE IN THE MATTER ON 7.11.2017. ACCORDINGLY , IN THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN THE INTEREST OF JUSTICE, WE RECALL THE ORDER DATED 7.11.2017 2 M.A. NO. 15/JP/2018. SH. NAVEEN BASOTIA VS. ITO, JAIPUR. AND THE APPEAL OF THE ASSESSEE IS DIRECTED TO BE FI XED FOR HEARING ON 28.03.2018. SINCE THE NEXT DATE OF HEARING OF APPEAL IS ANNOUNC ED IN THE OPEN COURT AND HAS BEEN NOTED BY THE PARTIES, THEREFORE, NO SEPARATE N OTICE SHALL BE ISSUED IN THIS REGARD. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 13/02/2018 . SD/- SD/- HKKXPAN ( FOT; IKY JKO (BHAGCHAND) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 13/02/2018. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI NAVEEN BASOTIA, TONK PHATAK, JAIPUR. 2. THE RESPONDENT ITO, WARD -6(2), JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (MA NO. 15/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR