M/S VINOD KUMAR SHUKLA CONST. PVT. LTD., Bhopal V. THE ACIT 3(1), Bhopal

MA 24/IND/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5601 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 19-05-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 22-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE . . , . . , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER M/S VINOD KUMAR SHUKLA CONSTRUCTION P. LTD., BHOPAL V. ACIT-3(1), BHOPAL / APPELLANT / RESPONDENT . . ./ PAN:AAACV5190P / APPELLANT BY SHRI PRAKASH JAIN, CA / RESPONDENT BY SHRI MOHD. JAVED, SR. DR / DATE OF HEARING 19.05.2017 / DATE OF PRONOUNCEMENT 24.05.2017 / O R D E R PER O.P. MEENA, ACCOUNTANT MEMBER. THROUGH THIS MISC. APPLICATION, THE ASSESSEE IS SEE KING RECALL OF THE ORDER OF TRIBUNAL IN I.T.A. NO. 546/IND/2016 DA TED 19.12.2016 WHICH WAS DECIDED EX PARTE IN ABSENCE OF THE COUNSEL OF THE ASSESSEE. THE ASSESSEE HAS EXPLAINED THAT TH E REASON FOR NON-APPEARANCE OF HIS COUNSEL WAS THAT AS THE COUNS EL WAS NOT M.A. NO.24/IND/2017 ARISING OUT .../ I.T.A. NO.546/IND/2016 &( ( / ASSESSMENT YEAR:2011-12 VINOD KUMAR SHUKLA/MANO.24/IND/2017 ARISING OUT OF ITA NO.546/ IND/2016/A.Y.:11-12 PAGE 2 OF 2 WELL DURING THE SAID PERIOD AND COULD NOT GET OPPOR TUNITY THE DATE OF HEARING FIXED FOR, AS THE RELEVANT FILE WAS NOT GIVEN TO HIM BY HIS CLERK. THE ASSESSEE HAS ALSO FILED AN AFFIDA VIT TO THIS EFFECT, IN VIEW OF THIS FACT, WE RECALL OUR EARLIER ORDER A ND RESTORE THE IMPUGNED APPEAL ON THE ROLLS OF REGISTRY FOR HEARIN G ON MERITS ON 26.07.2017. 2. IN THE RESULT, MISC. APPLICATION FILED BY THE AS SESSEE STANDS ALLOWED. 3. THE ORDER PRONOUNCED IN THE OPEN COURT ON 2 4.05.2017 SD/- SD/- ( .. ) /(C.M. GARG) (..) /(O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER DATED: 24 TH MAY, 2017 SB*