Shri AMIT NARAYAN PATIL, Sangli V. ITO, Sangli

MA 24/PUN/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6481 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-03-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 21-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / MA NO. 2 4 /P U N/ 20 1 7 ARISING OUT OF ITA NO. 1 539 /P U N/20 1 3 ASSESSMENT YEAR : 20 09 - 10 SHRI AMIT NARAYAN PATIL, PROP. BHARATI BUILDERS, SATALYA BUNGLOW, NEAR GUEST HOUSE, VISHRAMBAG, SANGLI ... APPLICANT PAN: A HAPP9137A VS. THE INCOME TAX OF FICER , WARD 1 ( 1 ), PUNE ... RESPONDENT APPLICANT BY : S HRI M.K. KULKARNI RESPONDENT BY : SHRI ACHAL SHARMA / DATE OF HEARING : 20 . 0 4 .201 8 / DATE OF PRONOUNCEMENT: 20 . 0 4 .201 8 / ORDER PER SUSHMA CHOW LA , JM : THE APPLICANT VIDE THIS MISCELLANEOUS APPLICATION IS AGGRIEVED BY THE EX - PARTE ORDER PASSED BY THE TRIBUNAL DATED 02.08.2016. 2. THE APPLICANT SUBMITS THAT SHRI S.V. DESHPANDE, ITP FROM SANGLI WAS ENTRUSTED WITH THE APPEAL TO APPEAR BEFORE THE T RIBUNAL, WHO ASSURED THE APPLICANT THAT THE APPEAL HEARINGS WOULD BE ATTENDED BUT IT TRANSPIRES THAT HE DID NOT APPEAR BEFORE THE TRIBUNAL, HENCE THE ORDER WAS PASSED EX - PARTE THE APPLICANT. THE 2 M A NO. 2 4 /P U N/20 1 7 OUT OF ITA NO.1 539 /PUN/201 3 APPLICANT HAS PRAYED FOR RECALL OF THE ORDER OF TRIBUNAL. T HE APPLICANT IN THIS REGARD HAS FILED AN AFFIDAVIT, WHICH IS PLACED ON RECORD. IN THE TOTALITY OF THE ABOVE FACTS AND CIRCUMSTANCES, WE FIND MERIT IN THE PLEA OF APPLICANT THAT HE WAS PREVENTED BY SUFFICIENT CAUSE FOR NON - APPEARANCE ON THE APPOINTED DATE OF HEARING BEFORE THE TRIBUNAL. ACCORDINGLY, WE RECALL THE ORDER OF TRIBUNAL AND FIX THE APPEAL FOR HEARING ON 26.04.2018. THE DATE OF HEARING HAS BEEN ANNOUNCED IN OPEN COURT, FOR WHICH NO NOTICE OF HEARING SHALL BE ISSUED TO EITHER OF THE PARTIES. 3 . IN THE RESULT, MISCELLANEOUS APPLICATION OF APPLICANT IS ALLOWED. ORDER P RONOUNCED IN OPEN COURT ON THIS 20 TH DAY OF APRIL , 201 8 . SD/ - SD/ - ( ANIL CHATURVEDI ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 20 TH APRIL , 201 8 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A), KOLHAPUR ; 4. THE CIT - I / II, KOLHAPUR / CIT (CENTRAL) , PUNE ; 5. THE DR A , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE