Aditya Exim Limited, Vadodara V. The Dy. Commissioner of Income Tax, Circle-1(1), Baroda

MA 187/AHD/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4920 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 02-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K GOYAL SR DR
• Assessee Lawyers: B T THAKKAR AR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD , , BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER MA NO.187/AHD/2019 AY 2011-12 (IN ./ IN I.T.A. NO.77/AHD/2017) ( / ASSESSMENT YEAR : 2011-12) ADITYA EXIM LTD. 7, MADHUBAN VATIKA NEAR VAIKUNTH SOCIETY GOTRI ROAD VADODARA 390 021 / VS. THE DY.CIT CIRCLE-1(1) BARODA # ./ ./ PAN/GIR NO. : AAECA 6980 E ( #& / APPLICANT ) .. ( '#& / RESPONDENT ) #&( / APPLICANT BY : SHRI B.T. THAKKAR, AR '#& )( / RESPONDENT BY : SHRI N.K. GOYAL, SR.DR *+ ), / DATE OF HEARING 21/02/2020 -./0 ), / DATE OF PRONOUNCEMENT 21/ 02/2020 / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS REQUESTED FOR RECALLING OF THE ORDER DATED 09/01/2019 PASSED BY T HE ITAT AHMEDABAD BENCH C IN ITA NO.77/AHD/2017 FOR AY 2011-12. 2. WITH THE ASSISTANCE OF LD. REPRESENTATIVES, W E HAVE GONE THROUGH THE RECORD CAREFULLY. IT EMERGES FROM THE RECORD THAT THE ASSESSEES APPEAL WAS DISMISSED FOR WANT OF PROSECUTION. MA NO.187/AHD/2019 (IN ITA NO.77/AHD/2017) ADITYA EXIM LTD. VS. DCIT ASST.YEAR 2011-12 - 2 - 3. CONSIDERING THE FACTS OF THE CASE, WE ARE SATIS FIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT REASON FOR NOT APPEARIN G BEFORE THE TRIBUNAL WHEN THE APPEAL WAS LISTED FOR HEARING. THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER. REGISTRY IS DIRECTED TO LIST THE APPEAL FOR HEARING ON 04/05/2020 . NO NOTICE WILL BE SENT TO BOTH THE PARTIES BECAUSE THIS DATE HAS DU LY BEEN COMMUNICATED DURING THE COURSE OF HEARING. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 21 / 02/2020 SD/- SD/- ( PRADIP KUMAR KEDIA) ( M AHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; 21/ 02 /2020 2..*,.*../ T.C. NAIR, SR. PS !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. #& / THE APPLICANT 2. '#& / THE RESPONDENT. 3. 345, 6, / CONCERNED CIT 4. 6, ( ) / THE CIT(A)-6, AHMEDABAD 5. 9:;,*45 , 45 0 , 3 / DR, ITAT, AHMEDABAD 6. ;<+ / GUARD FILE. / BY ORDER, '9,, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD