Mr. Ravi Prakash Khemka, CHENNAI V. ACIT, CHENNAI

MA 17/CHNY/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7730 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1997-1998
• Appeal Filed On: 30-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR YOGESH KAMATH
• Assessee Lawyers: R SIVARAMAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NO.17/MDS/2012 (IN ITA NO.2250/MDS/2008) (ASSESSMENT YEA R : 1997-98) SHRI RAVI PRAKASH KHEMKA, 36, WALLAJAH ROAD, CHENNAI-600 002. PAN: AAFPR1962H VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, COM.CIRCLE-IV(4), CHENNAI-600 034. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI R.SIVARAMAN RESPONDENT BY : DR. YOGES H KAMATH, CIT DR DATE OF HEARING : 23 RD MARCH, 2012 DATE OF PRONOUNCEMENT : 23 RD MARCH, , 2012 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION HAS BEEN FILED BY THE ASSESSEE UNDER SECTION 254(2) OF THE INCOME TAX ACT , 1961, PRAYING FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 16.06.2009 PASSED IN I.T.A. NO.2250/MDS/2008. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS NOTED THAT THE E X-PARTE ORDER WAS PASSED BY THE BENCH FOR WANT OF PROSECUTION FRO M THE SIDE OF THE ASSESSEE. THE REASONS FOR SUCH NON-PAR TICIPATION M.P. NO.17/MDS/ 2012 2 HAVE BEEN PUT FORTH IN AN AFFIDAVIT BEFORE US IN TH E PRESENT PROCEEDINGS, WITH WHICH WE ARE SATISFIED. ACCORDING LY, THE TRIBUNAL'S ORDER DATED 16.06.2009 IS RECALLED AND T HE APPEAL IS RESTORED TO ITS ORIGINAL NUMBER. THE HEARING OF THE APPEAL IS FIXED ON 10 TH APRIL, 2012 FOR THE PURPOSE OF WHICH ISSUE OF FORMAL NOTICE IS WAIVED WITH THE CONSENT OF THE PAR TIES. 3. IN THE RESULT, THE MISCELLANEOUS PETITION IS AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 23 RD MARCH, 2012. SD/- SD/- (ABRAHAM P.GEORGE) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 23 RD MARCH, 2012. SOMU COPY TO: (1) APPELLANT ( 4) CIT(A) (2) RESPONDENT (5) D.R. (3) CIT (6) G.F.