SHRI ANANT GAJANAN BANCHPALLIWAR, Nagpur V. I.T.O. WARD -5(1), Nagpur

MA 16/NAG/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5258 (ITAT-NAGPUR)
• Duration Of Justice: 6 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-01-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 07-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Assessee Lawyers: V V SARANJAME

Judgement Text

1 M.A. NO. 16/NAG/2016. IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) M.A. NO. 16/NAG/2016 (ARISING OUT OF ITA NO. 285/NAG/2014) ASSESSMENT YEAR: 2010 - 11. SHRI ANANT GAJANAN BANCHPALLIWAR , THE INCOME - TAX OFFICER, NAGPUR. VS. WARD - 5(1, NAGPUR. PAN ABWPB2508H. APPLICANT. RESPONDENT. APPLICANT BY : SHRI V.V. SARANJAME. RESPONDENT BY : SHRI A.R. NINAWE. DATE OF HEARING : 06 - 01 - 2017 DATE OF PRONOUNCEMENT : 6 TH JANUARY, 2017. O R D E R. BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF THE ORDER OF THIS T RIBUNAL IN ITA NO. 285/NAG/2014 VIDE ORDER DATED 23 - 11 - 2015. 2. THE AFORESAID APPEAL WAS DECIDED EX PARTE AS NONE HAD APPEARED ON THE DATE OF HEARING. NOW THE COUNSEL FOR THE ASSESSEE HAS PLEADED THAT, THERE WAS NO REPRESENTATION FROM THE ASSESSEE AS THE NOTICE FOR DATE OF HEARING WAS NOT SERVED. 3. UPON HEARING BOTH THE COUNSEL AND PERUSING THE RECORDS I FIND THAT INTEREST OF JUSTI CE WILL BE SERVED IF THE AFORESAID EXPARTE ORDER IS RECALLED, TO ENABLE THE ASSESSEE TO REPRESENT THE CASE. 4. ACCORDINGLY I RECALL THE AFORESAID ORDER OF THE T RIBUNAL. REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 13 - 01 - 2017. THE DATE OF HEARING HAS BEEN 2 M.A. NO. 16/NAG/2016. DULY COMMUNICATED TO BOTH THE PARTIES IN THE OPEN COURT. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 6 TH DAY OF JANUARY., 2017. SD/ - ( SHAMIM YAHYA) ACCOUNTANT MEMBER. NAGPUR, DATED: 6 TH JANUARY, 2017. COPY FORWARDED TO : 1. SHRI ANANT GAJANAN BANCHPALLIWAR , PLOT NO. 93, STREET NO. 4, JAWAHAR NAGAR, NAGPUR. 2. I.T.O., WARD 5(1), NAGPUR. 3. . C.I.T. - III, NAGPUR. 4. CIT(APPEALS), - II, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGIS TRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE.