Mr. Imran Khan C/o- Pankaj Prince And Associates, S-2, Shreeji Chambers 6B, Purohit Ji Ka Bagh, Gopinath Marg, Near SBI, M.I. Road, Jaipur, Jaipur V. ITO Ward-3(3), Jaipur, Ward-3(3), Jaipur

MA 23/JPR/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2981 (ITAT-JAIPUR)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 17-08-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 27-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A ” JAIPUR Jh laanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM Miscellaneous Application No.23/JP/2021 (Arising out of vk;dj vihy la-@ITA No. 621/JP/2019) fu/kZkj.k o"kZ@Assessment Year : 2014-15 Shri Imran Khan C/0 Pankaj Prince & Associates S-2, Shreeji Chambers, 6B, Purohit Ji Ka Bagh, Gopinath Marg, Near SBI, M.I. Road, Jaipur cuke Vs. The ITO Ward 3 (3) Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AZTPK 3286 E vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri P.K. Garg, CA jktLo dh vksj ls@ Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ dh rkjh[k@ Date of Hearing : 18/08/2022 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 01/09/2022 vkns'k@ ORDER PER: SANDEEP GOSAIN, JM Through this Miscellaneous Application, the assessee prays for recalling of ex-parte order dated 16-04-2021 of Tribunal in ITA No. 621/JP/2019 for the assessment year 2014-15 by mentioning therein reason as under:- 1. That the appeal of the assessee was dismissed vide ex-parte order dated 16-04-2021 on the ground of seeking adjournment again and again. 2. That the assessee was not intimated about the date fixed for hearing on 15-03-2021 and 23-03-2021. The assessee came to know about the same on perusal of the cause list, hence could not appear for hearing. To this effect, the assessee filed an affidavit praying therein to restore the ex-parte order passed by ITAT dated 16-04-2021 2 MA NO.23/JP/2021 SHRI IMRAN KHAN VS ITO, WARD 3(3), JAIPUR 2. On the other hand, the ld. DR opposed the Misc. Application of the assessee arguing that the assessee wants to get his order reviewed. 3. After hearing both the parties and perusing the materials available on record, the Bench holds that there was sufficient reason and on account of which the assessee could not be present on the date of hearing. Hence, the Bench recalls the ex-parte order dated 16-04-2021. The registry is directed to fix the appeal of the assessee for hearing in due course of time. 4. In the result, the Miscellaneous Application filed by the assessee is allowed. Order Pronounced in the Open Court on 01/09/2022 Sd/- Sd/- ¼ jkBksM deys'k t;UrHkkbZ ½ ¼lanhi xkslkbZ½ (Rathod Kamlesh Jayantbhai) (Sandeep Gosain) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 01/09/2022 *Mishra vkns'k dh izfrfyfi vxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Shri Imran Khan, Jaipur 2. izR;FkhZ@ The Respondent- ITO, Ward -3 (3), Jaipur 3. vk;dj vk;qDr@ The ld CIT 4. vk;dj vk;qDr¼vihy½@The ld CIT(A) 5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 6. xkMZ QkbZy@ Guard File (MA No. 23/JP/2021) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar