Shri Rajkumar H.Srivastav, Vapi V. The ACIT.,Vapi Circle, Vapi

MA 183/AHD/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9766 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2013
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 21-12-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 21-09-2012
• Court: TRIBUNAL
• Department Lawyers: T SHANKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH BEFORE: SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTA NT MEMBER M.A.183/AHD/2012 ( (A RISING OUT OF ITA NO.2441/AHD/2009) A. Y. 2005-06 RAJKUMAR H. SRIVASTAV PLOT NO.602/3,4 TH PHASE, GIDC, VAPI-396 195, PAN-ALTPS2496L APPELLANT VS. ASST. COMMISSIONER OF INCOME TAX, VAPI CIRCLE, VAPI RESPONDENT DEPARTMENT BY : SHRI T.SHANKAR, SR. D.R. ASSESSEE BY : NONE DATE OF HEARING : 04.01.2013 DATE OF PRONOUNCEMENT : 04.01.2013 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER IN THIS CASE ASSESSEES APPEAL WAS DISMISSED BY EX- PARTE ORDER DATED 04.09.2012. ON 20.09.2012 REGISTRY PUT UP A NOTE BEFORE THE BENCH STATING THAT A LETTER HAS BEEN REC EIVED BY THEM FROM SUPERINTENDENT OF JAIL, NAVSARI, STATE OF GUJA RAT, ENCLOSING A LETTER OF SHRI RAJ KUMAR H. SRIVASTAVA, THE ASSESSE E, WHO HAS PREFERRED APPEAL (ITA NO.2441/AHD/2009) BEFORE THE ITAT. IN THAT LETTER IT WAS MENTIONED THAT THE ASSESSEE, BEING IN JAIL, WAS NOT ABLE TO PURSUE HIS INCOME TAX MATTERS. REGISTRY WAS DIR ECTED TO TREAT THIS LETTER AS M.A. AND FIX FOR HEARING WHICH WAS FIXED FOR TODAY. 2. AFTER HEARING LD. D.R. AND IN VIEW OF THE FACT T HAT ASSESSEE, BEING IN JAIL, COULD NOT PURSUE HIS APPEAL ON 04.09 .2012, WE ARE M.A.183/AHD/2012 (ARISING OUT OF ITA NO.2441/AHD/2009) A. Y. 2005-06 2 2 SATISFIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN NOT APPEARING BEFORE US ON THE DATE OF HEARING I.E. ON 04.09.2012 AND HENCE THAT ORDER IS HEREBY RECALLED. 3. REGISTRY TO FIX THE APPEAL FOR HEARING IN THE NO RMAL COURSE. ORDER PRONOUNCED IN OPEN COURT ON 04.01.2013 SD/- SD/- (A. MOHAN ALANKAMONY) (D.K. TYAGI) ACCOUNTANT MEMBER JU DICIAL MEMBER TRUE COPY N.K. CHAUDHARY, SR. P.S. 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 6. THE GUARD FILE BY ORDER AR,ITAT,AHMEDABAD