Ensemble Infrastructure India Ltd., Pune V. Assistant Commissioner of Income-tax,

MA 167/PUN/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1327 (ITAT-PUNE)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 20-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L PATHADE
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S.PANNU, ACCOUNTANT MEMBER M.A. NO.167/PN/2013 ARISING OUT OF ITA NO.1760/PN/2012 (ASST. YEAR: 2007-08) M/S. ENSEMBLE INFRASTRUCTURE INDIA LTD., B-1/2, PARAGAON CENTER, P.B. MARG, WORLI, MUMBAI-400013 PAN: AABCE2587L APPLICANT VS. DY. CIT, CIRCLE-1(2), PUNE RESPONDENT APPLICANT BY : SHRI SHARAD SHAH RESPONDENT BY : SHRI P.L. PATHADE DATE OF HEARING : 20-12-2013 DATE OF PRONOUNCEMENT : 20-12-2013 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY T HE ASSESSEE ARISING OUT OF ORDER OF THE TRIBUNAL IN IT A NO. 1760/PN/2012 DATED 27-08-2013. 2. THE ASSESSEE SUBMITTED INTER ALIA THAT ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE IN PURSUING THE MAT TER ON THE DATE FIXED FOR HEARING. ACCORDING TO THE APPLI CANT, THE REPRESENTATIVE OF THE ASSESSEE COULD NOT REACH THE TRIBUNAL IN TIME BECAUSE OF TRAFFIC CONDITIONS. FINDING FOR CE IN THE CONTENTION OF THE ASSESSEE, WE RESTORE THE ITA NO.1760/PN/2012 TO THE ORIGINAL STAGE AND THE REGIS TRY IS DIRECTED TO FIX THE MATTER FOR HEARING ON 05-03-201 4. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 20 TH DECEMBER, 2013. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YA DAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE, DATED 20 TH DECEMBER, 2013 GCVSR COPY TO:- 1) ASSESSEE 2) DEPARTMENT 3) THE CIT(A)-I, PUNE 4) THE CIT-I, PUNE 5) THE DR, A BENCH, I.T.A.T., PUNE. 6) GUARD FILE BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY, ITAT PUNE BENCHES, PUNE.