Shri Dilip B.Doshi, Baroda V. The ACIT.,Circle-2(1), Baroda

MA 174/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7926 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 04-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI D. K. TYAGI, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER M.A. NO.174/AHD/2011 IN I.T.A. NO.196 / AHD/2011 (ASSESSMENT YEAR 2004-05 SHRI DILIP B DOSHI, 803/B, BHADRALOK APARTMENT, OLD PADRA ROAD, BARODA 390020 VS. ACIT, CIRCLE 2(10, BARODA PAN/GIR NO. : ABOPD1846J (APPELLANT) .. (RESPONDENT) APPELLANT BY: NONE (WRITTEN SUBMISSIONS) RESPONDENT BY: SHRI VINOD TANWANI, SR. DR DATE OF HEARING: 02.03.2012 DATE OF PRONOUNCEMENT: 13.04.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASS ESSEE SEEKING RECALL OF EX-PARTE TRIBUNAL ORDER DATED 16.09.2011. IT WAS SUBMITTED BY THE ASSESSEE IN THE MISCELLANEOUS APPLICATION THAT NOTICE FIXING DATE OF HEARING FIXED ON 16.09.2011 WAS RECEIVED AND IN RES PONSE TO THIS NOTICE OF HEARING, THE ASSESSEE HAD SENT WRITTEN SUBMISSIO N ALONG WITH THE RELEVANT PAPERS/DOCUMENTS BY SPEED POSTS ON 14.09.2 011 WHICH WAS DELIVERED IN THE TRIBUNAL OFFICE BY POSTAL DEPARTME NT ON 15.09.2011. IT HAS BEEN SUBMITTED THAT THE SAID WRITTEN SUBMISSION S WERE NOT CONSIDERED M.A.NO.174 /AHD/2011 2 BY THE TRIBUNAL WHILE DISPOSING OFF THE APPEAL OF T HE ASSESSEE AND HENCE, THERE IS APPARENT MISTAKE IN THE ORDER OF THE TRIBU NAL. 2. CONSIDERING THE ABOVE MENTIONED FACTS, WE ARE SA TISFIED WITH THE CONTENTION OF THE ASSESSEE THAT THERE IS AN APPAREN T MISTAKE IN THE TRIBUNAL ORDER BECAUSE THE WRITTEN SUBMISSIONS SENT BY THE A SSESSEE WERE NOT CONSIDERED BY THE TRIBUNAL AND HENCE, WE RECALL THI S EX-PARTE TRIBUNAL ORDER. THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED. 4. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (D. K. TYAGI) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 30/3 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3/4.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 13/4 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.13/4 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13/4/12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .