GSFS Capital & Securities Limited, Ahmedabad V. The Dy.CIT, Circle-4, Ahmedabad

MA 152/AHD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3359 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 18-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH
• Assessee Lawyers: M A NAN N VAKIL
• Keywords: Reasonable cause

Judgement Text

MA NO. 1 52 /AHD/2014 (IN ITA NO . 2087 /AHD/20 1 1 ) A SSESSMENT Y EAR : 200 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH , AHMEDABAD [CORAM: PRAMOD KUMAR AM AND KUL BHARAT JM ] M.A. NO. 1 52 /AHD/2014 (IN ITA NO. 2087 / AHD / 2 0 1 1 ) ASSESSMENT YEAR: 200 7 - 08 GSFS CAPITAL & SECURITIES LIMITED, ....... .. . ..... APPELLA NT B WING, THIRD FLOOR, KHANIJ BHAVAN, NEAR UNIVERSITY GROUND, VASTRAPUR, AHMEDABAD. [PAN: A AACG 7164 Q ] VS. D .C.I.T., CIRCLE 4 .... ........ .... .. .. .. .... .. RESPONDENT AHMEDABAD. [PAN: A A WPV 2756 N ] APPEARANCES BY: M A NAN N. VAKIL, FOR THE A P PELLANT NARENDRA SINGH, FOR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : AUGUST 21 ST , 201 5 DATE OF PRONOUNCING THE ORDER : AUGUST 21 ST , 2015 O R D E R PER PRAMOD KUMAR AM : BY THIS M ISCELLANEOUS A PPLICATION , THE ASSESSEE APPLICANT HAS REQUESTED FOR RECALLING OF THE ORDER DATED 19.06.2014 PASS ED BY THE ITAT AH MEDABAD B BENCH IN IT A NO .2087/AHD/2011 FOR A.Y. 2007 - 08. 2. IN THE MISCELLANEOUS APPLICATION THE ASSESSEE HAS SUBMITTED A S FOLLOWS : - THIS APPLICATION IS MADE IN RESPONSE TO THE EX - PARTY O RDER PASSED AS DETAILED ABOVE. MA NO. 1 52 /AHD/2014 (IN ITA NO . 2087 /AHD/20 1 1 ) A SSESSMENT Y EAR : 200 7 - 08 PAGE 2 OF 2 WITH REFERENCE TO YOUR NOTICE DATED 19.05 . 2014, WE HAVE APPLIED FOR THE ADJOURNMENT AS THE AR - CA MANAN VAKIL WAS OUT OF COUNTRY. COPY OF HIS PASSPORT IS ENCLOSED. THE ADJOURNMENT WAS GRANTED. AS THE APPLICATION FOR ADJOU RNMENT W A S INWARDED IN TAPAL THE COMPANY W A S UNAWARE ABOUT THE ANNOUNCEMENT IN THE COURT. MOREOVER, THERE IS NO WRITTEN COMMUNICATION MADE BY YOUR OFFICE IN THIS REGARD. THE SIMILAR ISSUES WERE DECIDED IN THE FAVOUR OF THE ASSESSEE IN THE DIFFERENT ASSE SSMENT YEARS. THEREFORE WE REQUEST FOR RESTORATION OF APPEAL AND OBLIGE. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 4. AFTER CONSIDERING THE FACTS OF THE CASE AND THE SUBMISSION S OF THE ASSESSEE, WE AGREE WITH THE CONTENTI ON OF THE ASSESSEE THAT THERE WAS A REASONABLE CAUSE FOR ASSESSEE S FAILURE TO APPEAR BEFORE THE I T AT ON THE DATE OF HARING. ACCORDINGLY, WE RECALL THE ORDER OF THE ITAT BENCH B AHMEDABAD PASSED IN ITA NO .2087/AHD/2011 DATED 19.06.2014 . THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON MERIT ON 2 ND DECEMBER, 2015 , FOR WHICH NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED, AS THE PARTIES WERE INFORMED IN THE COURT. IN THE RESULT, THE M ISCELLANEOUS A PPLICATION FILED BY THE ASSESSEE IS ALLOWED. (ORDE R PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST, 2015 ) SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD , THE 21 ST DAY OF AUGUST, 201 5 PBN/* CO PIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD