Mr. Abdul Azeez, Bellary V. ACIT-Circle-1, Bellary

MA 256/BANG/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6171 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 17-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANANDA H
• Assessee Lawyers: MALLAH RAO
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-A BENCH, BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER [MP NO. 256/B/2017 (IN ITA NO.1680/B/2016)] (ASSESSMENT YEAR: 2008-09) SRI ABDUL AZEEZ, S/O. LATE SHAIKH AHMED SAB, 192/A, M V NAGAR, LEFT 4 TH CROSS, KAPPAGAL ROAD, BELLARY. PAN : ABKPA2333D APPLICANT VS. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1, FORT BELLARY, BELLARY. RESPONDENT APPLICANT BY : SHRI. MALLAH RAO, ADVOCATE REVENUE BY : SHRI. ANANDA H, JCIT DATE OF HEARING : 02/02/2018 DATE OF PRONOUNCEMENT : 06/02/2018 O R D E R PER SUNIL KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 28.11.2016, THROUGH WHI CH THE APPEAL OF THE ASSESSEE WAS DISMISSED ON ACCOUNT OF NON-APPEARANCE ON BEHAL F OF ASSESSEE. THROUGH THIS MISCELLANEOUS APPLICATION, THE LEARNED COUNSEL FOR THE ASSESSEE HAS EXPLAINED THE REASONS FOR THE NON-APPEARANCE ON THE DATE FIXED. 2. WE HAVE CAREFULLY PERUSED THE MISCELLANEOUS APPL ICATION AND WE FIND THAT THERE IS A REASONABLE CAUSE FOR NON-APPEARANCE ON T HE DATE FIXED. THEREFORE, WE [MP NO. 256/B/2017 IN ITA NO.1680/B/2016)] PAGE 2 OF 2 RECALL THE ORDER OF THE TRIBUNAL DATED 28.11.2016 A ND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING ON 13.03.2018. SINCE THE DATE O F HEARING IS ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL BE ISSUED TO PARTI ES. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06 TH FEBRUARY, 2018. SD/- - (SUNIL KUMAR YADAV) JUDICIAL MEMBER PLACE : BANGALORE DATED : 06/02/2018 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.