Abhay Kacharulal Abad, Pune V. Assistant Commissioner of Income-tax,

MA 169/PUN/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1325 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 17-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER M.A. NO.169/PN/2013 ARISING OUT OF ITA NO.459/PN/2012 (ASST. YEAR: 2006-07) ABHAY KACHARULAL ABAD, NAL GALLI, JALNA. APPELLANT PAN: ABAPA9306Q VS. ACIT, CIRCLE-1, AURANGABAD. RESPONDENT APPLICANT BY : MS DEEPA KHARE RESPONDENT BY : SHRI S.P. WALIMBE DATE OF HEARING : 27-12-2013 DATE OF PRONOUNCEMENT : 27-12-2013 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. 459/PN/2012 DATED 04-06-2013. 2. THE ASSESSEE SUBMITTED THAT ASSESSEE WAS NOT HAV ING INFORMATION WITH REGARD TO THE DATE OF HEARING OF T HE CASE, SO ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE IN NOT ATTENDING THE CASE ON THE DATE FIXED FOR HEARING. ACCORDINGLY, EX-PARTE ORDER PASSED IN ITA NO.459/PN /2012, DATED 04.06.2013 BE RECALLED. AGREEING TO THE CONT ENTION OF THE ASSESSEE, WE RECALL THE ORDER DATED 04.06.2013 AND THE REGISTRY IS DIRECTED TO FIX THE MATTER FOR HEARING ON 30-12- 2013. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 27 TH DECEMBER, 2013. SD/- SD/- (R.K. PANDA) (SHAILENDRA KUMAR YA DAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE, DATED 27 TH DECEMBER, 2013 GCVSR COPY TO:- 1) ASSESSEE 2) DEPARTMENT 3) THE CIT(A), AURANGABAD 4) THE CIT, AURANGABAD 5) THE DR, B BENCH, I.T.A.T., PUNE. 6) GUARD FILE BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY, ITAT PUNE BENCHES, PUNE.