Arvindkumar Suryanathsinh Verma, Ahmedabad V. The Income Tax Officer, Ward-14(2), New Ward No. 5(1)(2), Ahmedabad

MA 268/AHD/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7343 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 08-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARVIND KUMAR S VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER MA NO. 268/AHD/2018 (ARISING OUT OF ITA NO. 1732/AHD/2016 ) ASSESSMENT YEAR : 2010-11 ARVINDKUMAR SURYANATHSINGH VERMA, 44, SIDHDHESHWAR PARK SOCIETY, VIRATNAGAR ROAD, ODHAV, AHMEDABAD - 382 415 [PAN : ADHPV 3613 Q] VS. INCOME TAX OFFICER, WARD-14(2), (NEW WARD NO. 5(1)(2), NATURE VIEW BLDG, AHMEDABAD / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI ARVIND KUMAR S. VERMA REVENUE BY : SHRI S K DEV, SR DR / DATE OF HEARING : 03/05/2019 / DATE OF PRONOUNCEMENT: 03/05/2019 / O R D E R THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF ASSESSEE, SEEKING FOR RECALLING THE EX-PARTE ORDER DATED 11.04.2018 PASSED BY THE TRIBUNAL IN ITA NO.1732/AHD/2016 FOR ASSESSMENT YEA R 2010-11. 2. THE APPEAL OF THE ASSESSEE WAS DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 11.04.2018 FOR WANT OF PROSECUTION. IT IS PL EADED IN THE APPLICATION THAT SHRI SAKAR SHARMA, LEARNED AUTHORIZED REPRESENTATIV E OF THE ASSESSEE WAS NOT WELL AND ADVISED BED REST FOR MEDICAL REASON BY THE DOCTOR. ON ACCOUNT OF HIS ILLNESS, NO ONE COULD APPEAR ON BEHALF OF THE ASSES SEE ON THE SCHEDULED DATE OF HEARING. AFTER DUE CONSIDERATION OF THE APPLICATION OF THE ASSESSEE, I AM SATISFIED THAT THE ASSESSEE WAS PREVENTED BY SUFFIC IENT REASON FOR NOT APPEARING BEFORE THE TRIBUNAL. THEREFORE, THE ORDER OF THE T RIBUNAL DATED 11.04.2018 IS RECALLED AND THE APPEAL IS RESTORED TO ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO LIST THE APPEAL FOR HEARING ON 22 ND JULY 2019. THIS DATE HAS BEEN SMC-MA NO. 268/AHD/2018 ARVINDKUMAR SURYANATHSINGH VERMA VS. ITO FOR AY: 2010-11 2 COMMUNICATED TO BOTH THE PARTIES IN THE OPEN COURT; THEREFORE, NO FRESH NOTICE WILL BE ISSUED TO THE ASSESSEE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 3 RD MAY, 2019 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 03/05/2019 *BT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. ! %% , , / DR, ITAT, AHMEDABAD 6. , / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) %, / ITAT, AHMEDABAD 1. DATE OF DICTATION- ..03.05.2019. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE D ICTATING MEMBER .03.05.2019.. OTHER MEMBER 03.05.2019. 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S ./P.S. - 03.05.2019.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DI CTATING MEMBER FOR PRONOUNCEMENT .. 03.05.2019. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK03.0 5.2019 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER.. 8. DATE OF DESPATCH OF THE ORDER