Smt. Tara Mishra, Lucknow V. Dy. Commissioner of Income Tax, Lucknow

MA 18/LKW/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1871 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2014
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 21-03-2014
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: ROHIT NANDAN SHUKLA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER M.A. NOS. 18 & 19/LKW/2014 [IN ITA NO S.643/LKW/2011 & 201/LKW/2012] ASSESSMENT YEAR S : 2007 - 08 & 20 08 - 09 SMT. TARA MISHRA 5/8, VISHAL KHAND GOMTI NAGAR, LUCKNOW V. DY. CIT RANGE I LUCKNOW PAN: ANOPM1523F (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI. ROHIT NANDAN SHUKLA, ADVOCATE RESPONDENT BY: SHRI. ALOK MITRA, D.R. DATE OF HEARING: 02.05.2 014 DATE OF PRONOUNCEMENT: 02 .0 5 .2014 O R D E R PER SUNIL KUMAR YADAV: THESE MISCELLANEOUS APPLICATIONS ARE PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 7.2.2014 IN ITA NOS.643/LKW/2011 & 201/LKW/2012 , WITH THE SUBMISS ION THAT THE TRIBUNAL HAS DISMISSED THE APPEALS OF THE ASSESSEE EX - PARTE ON ACCOUNT OF NON - APPEARANCE ON BEHALF OF THE ASSESSEE. IT WAS FURTHER CONTENDED THAT THE ASSESSEE COULD NOT APPEAR ON THE DATE FIXED DUE TO CERTAIN REASONS EXPLAINED IN THE MISCELLA NEOUS APPLICATIONS. THEREFORE, THE ORDER OF THE TRIBUNAL DATED 7.2.2014 MAY KINDLY BE RECALLED AND AN OPPORTUNITY OF HEARING MAY BE AFFORDED TO THE ASSESSEE. 2 . THE LD. D.R. PLACED RELIANCE UPON THE ORDER OF THE TRIBUNAL DATED 7.2.2014 WITH THE SUBMISSION TH AT SINCE THE TRIBUNAL HAS DECIDED THE APPEALS ON MERIT, THE ORDER CANNOT BE RECALLED. PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : 3 . HAVING GIVEN A THOUGHTFUL CONSIDERATION TO THE RIVAL SUBMISSIONS AND FROM A CAREFUL PERUSAL OF THE ORDER OF THE TRIBUNAL VIS - - VIS THE MISCELLANEOUS APPLICATIONS, WE FIND THAT THE ASSESSEE HAS FURNISHED VALID REASONS FOR NON - APPEARANCE ON THE DATE FIXED FOR. WE, THEREFORE, RECALL OUR ORDER DATED 7.2.2014 IN ITA NOS.643/LKW/2011 & 201/LKW/2012 IN THE INTEREST OF JUSTICE AND DIRECT THE REGISTRY TO FIX THESE APPEALS FOR HEAR ING ON 20.6.2014. SINCE THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL BE ISSUED TO THE ASSESSEE. 4 . IN THE RESULT, MISCELLANEOUS APPLICATIONS ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2.5.2014 AT THE TIME OF CONCL USION OF HEARING. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 ND MAY , 2014 JJ: 0205 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )