M/s Uma Foods Products Pvt. Ltd., Kanpur V. Dy. Commissioner of Income Tax-6, Kanpur

MA 15/LKW/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3470 (ITAT-LUCKNOW)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-07-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 16-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PINKI MAHAWAR

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER M.A. NO.15 /LKW/20 15 (ARISING OUT OF I.T.A.NO.332/LKW/2014) ASSESSMENT YEAR:2004 - 05 M/S UMA FOODS PRODUCTS PVT. LTD., HALSEY ROAD, KANPUR. PAN:AAACU2817N VS. DY.C.I.T. - 6, KANPUR. (A PPLICANT ) (RESPONDENT) APPLICANT BY NONE RESPONDENT BY SMT. PINKI MAHAWAR, D. R. DATE OF HEARING 03/07/2015 DATE OF PRONOUNCEMENT 1 3 /08/2015 O R D E R PER A. K. GARODIA, A.M. THIS MISC. APPLICATION IS FILED BY THE ASSESSEE SEEKING RECALL OF EX - PARTE TRIBUNAL ORDER DATED 16/01/2015 IN I.T.A. NO.332/LKW/2014 FOR ASSESSMENT YEAR 2004 - 05. 2. THIS MISC. APPLICATION WAS FIXED FOR HEARING ON 03/07/2015 AND THE NOTICE WAS SENT BY REGISTERED POST, WHICH HAS NOT COME BACK UNSERVED AND HENCE, SERVICE OF NOTICE IS PRESUMED. NONE APPEARED ON BEHALF OF THE ASSESSEE AND HENCE, WE DECIDE THE MISC. APPLICATION OF THE ASSESSEE EX - PARTE QUA THE ASSESSEE. 3. LEARNED D.R. OF THE REVENUE SUBMITTED THAT THERE IS NO MISTAKE IN THE TRIBUNAL ORDER AND THEREFORE, THE MISC. APPLICATION OF THE ASSESSEE SHOULD BE DISMISSED. [ 2 ] 4. WE HAVE CONSIDERED THE SUBMISSIONS OF LEARNED D.R. OF THE REVENUE AND GONE THROUGH THE MI SC. APPLICATION OF THE ASSESSEE. THERE IS NO JUSTIFIABLE REASON GIVEN FOR NON APPEARANCE OF THE ASSESSEE ON THE DATE OF HEARING AND THEREFORE, THERE IS NO MERIT IN THE MISC. APPLICATION FILED BY THE ASSESSEE. WE HOLD ACCORDINGLY. 5. IN THE RESULT, THE MISC. APPLICATION IS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 1 3 /08/2015 *C.L.SINGH COPY OF THE O RDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A ) 5. DR, ITAT, LUCKNOW ASSTT. REGISTRAR