M/S SECRETARY, Ajmer V. ITO, Ajmer

MA 2/JPR/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7797 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-03-2012
• Assessment Year: misc
• Appeal Filed On: 23-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Assessee Lawyers: AJAY SOMANI

Judgement Text

1 M.A 2-12 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI SANJAY ARORA M.A NO. 2/JP/2012 ( ARISING OUT OF ITSSA NO. 23/JP/2009 ) BLOCK PERIOD : 2006-07 TO 2009-10. THE SECRETARY, VS. THE INCOME-TAX OFFICER (TDS) BOARD OF SECONDARY EDUCATION AJMER. RAJASTHAN, AJMER. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI AJAY SOMANI RESPONDENT BY : SHRI D.K. MEENA DATE OF HEARING : 02.03.2012. DATE OF PRONOUNCEMENT : 07.3.2012. ORDER DATE OF ORDER : 07/03/2012. PER R.K. GUPTA, J.M. THIS IS A MISCELLANEOUS APPLICATION FILED BY THE A SSESSEE ARISING OUT OF THE ORDER OF THE TRIBUNAL IN ITSSA NO. 23/JP/2009 DATED 29.10 .2010. 2. IN SUPPORT OF THIS APPLICATION, THE LD. A/R SUBM ITTED THAT ASSESSEE HAD SOUGHT ADJOURNMENT OF HEARING OF APPEAL BEFORE THE TRIBUNA L FIXED ON 18.10.2010 THROUGH LETTER DATED 12.10.2010 SENT THROUGH SPEED POST, COPY OF W HICH IS ENCLOSED ALONG WITH MISCELLANEOUS APPLICATION, WHICH APPEARS TO BE NOT PLACED ON RECORD BEFORE THE BENCH DURING THE COURSE OF HEARING OF THE APPEAL DISMISSE D IN DEFAULT ON 29.10.2010. THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT IN THIS REGARD . THE ASSESSEE HAS ALSO SUBMITTED THAT 2 DUE TO INTERNATIONAL CONFERENCE OF COUNCIL OF BOARD OF SECONDARY EDUCATION HELD ON 19 TH & 20 TH OCTOBER, 2010 CONDUCTED BY THE BOARD, IT COULD NOT ATTEND THE HEARING OF APPEAL AND SOUGHT ADJOURNMENT. 3. CONSIDERING THE ABOVE FACTS AND IN THE INTEREST OF JUSTICE, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT REASON FOR NON APPEARANCE DURI NG THE COURSE OF HEARING OF APPEAL ON 18.10.2011. WE, THUS, WHILE RECALLING THE EX PARTE DISMISSAL ORDER DATED 29.10.2010, ALLOW THE APPLICATION WITH DIRECTION TO THE REGISTR Y TO FIX THE APPEAL FOR HEARING BEFORE THE BENCH ON 28.5.2012 WITH ADVANCE NOTICE TO THE P ARTIES. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. 5. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 07. 3.2012. SD/- SD/- ( SANJAY ARORA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- COPY FORWARDED TO :- THE SECRETARY, BOARD OF SECONDARY EDUCATION RAJASTH AN, AJMER. THE ITO (TDS) AJMER. THE CIT (A) THE CIT THE D/R GUARD FILE (MA NO. 2/JP/2012) BY ORDER, AR ITAT JAIPUR.