Sh. Sanjay Neekhra, Gwalior V. I.T.O., Ward-(2), Gwalior

MA 22/AGR/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1540 (ITAT-AGRA)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 14-02-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 23-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ATHESHAM ANSARI
• Assessee Lawyers: DIPENDRA MOHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMB ER M.A. NO. 22/AGRA/2013 (IN ITA NO. 56/AGRA/2013) ASST. YEAR : 2009-10 SHRI SANJAY NEEKHRA, VS. INCOME-TAX OFFICER, G-24, GANDHI NAGAR, GWALIOR. GWALIOR. (PAN: AALPN 4199 A) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DIPENDRA MOHAN, C.A. RESPONDENT BY` : SHRI ATHESHAM ANSARI, JR. DR DATE OF HEARING : 14.02.20134 DATE OF PRONOUNCEMENT : 14.02.2014 ORDER PER BHAVNESH SAINI, J.M.: THE APPEAL OF THE ASSESSEE WAS DISMISSED IN DEFAUL T VIDE ORDER DATED 13.05.2013. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT DUE TO CONFUSION IN TAKING THE DATE OF HEARING, THERE WAS DEFAULT ON THE PART OF T HE ASSESSEE. SINCE THE APPEAL OF THE ASSESSEE HAS NOT BEEN DECIDED ON MERIT AND CONS IDERING THE EXPLANATION OF THE ASSESSEE, THE EARLIER EXPARTE ORDER DATED 13.05.201 3 IS RECALLED. THE APPEAL OF THE M.A. NO.22/AGRA/2013 2 ASSESSEE IS RESTORED. THE SAME IS FIXED FOR FINAL H EARING ON 01.04.2014. NO SEPARATE NOTICE SHALL BE ISSUED FOR THIS DATE. 3. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRAMOD KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY