The Tuticorin Melur Co-op. Bank Ltd., Tuticorin V. DCIT, Tuticorin

MA 225/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4936 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 28-10-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 07-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: R VIJAYARAGAHAVAN

Judgement Text

, ' ' , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI , . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER A ND SHRI. G. PAVAN KUMAR, JUDICIAL MEMBER M.P. NO. 225/MD S /2016 ( ./I.T.A. NO.2633/MDS/2014) / ASSESSMENT YEAR : 2007-08 THE TUTIC ORIN MELUR CO - OPERATIVE BANK LTD., 31-A, NORTH SAMBANDAMOORTHY, TUTICORIN 628 002. [ PAN AAAAT 3076C] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, TUTICORIN. ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI R. VIJAYARAGAHAVAN, ADVOCATE. !' /RESPONDENT BY : SHRI A.V. SREEKANTH , J CIT /DATE OF HEARING : 28 - 10 - 2016 /DATE OF PRONOUNCEMENT : 03 - 11 - 2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSES SEE REQUESTING TO RECALL THE EX-PARTE ORDER DATED 14TH JUNE, 2016 IN ITA NO. 263 3/MD/2014 PASSED BY THIS TRIBUNAL EXPLAINING THE REASONS FOR NON APPEARANCE ON THE DATE WHEN THE APPEAL WAS POSTED FOR HEARING. M.P. NO.225/MDS/2016 :- 2 -: 2. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AND HEARD THE LD. AR OF THE ASSESSEE. THE REASON STATED FOR NON-APPEARANCE IS THAT LD. AUTHORISED REPRESENTATIVE WAS REPRESENTING THE CASE BEFORE ANO THER BENCH AND COULD NOT APPEAR AND THERE IS NO DELIBERATE INTENTION NOT TO APPEAR FOR THE HEARING AND PRAYED FOR CONDONATION OF SUCH ACT FOR WHICH THE DEPARTMEN TAL REPRESENTATIVE HAS NO SERIOUS OBJECTIONS. IN THE CIRCUMSTANCES, WE RECAL L EX-PARTE ORDER DATED 14 TH JUNE, 2016 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 19 TH DECEMBER, 2016. SINCE BOTH THE PARTIES WERE PRESENT AT THE TIME OF HEARING, FORMAL NOTICE OF HEARING IS WAIVED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THURSDAY, THE 3 RD DAY OF NOVEMBER, 2016 AT CHENNAI. /CHENNAI, # /DATED: 3 RD NOVEMBER,2016. JPV !$ %$ /COPY TO: 1. /APPELLANT 2. !' /RESPONDENT 3. &'( ( )/CIT(A) 4. &'( /CIT 5. !$ /DR 6. )* /GF SD/ - ( ) (CHANDRA POOJARI) /ACCOUNTANT MEMBER SD/ - ( . ) (G. PAVAN KUMAR) /JUDICIAL MEMBER