SHREE PADMAVATI MARBLES PVT. LTD., Ajmer V. ITO, Kishangarh

MA 27/JPR/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4515 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 17-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAGHUVIR SINGH DAGUR
• Assessee Lawyers: AJAY SOMANI CA DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH VH-VKJ-EHUK ] YS[KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI T.R. MEENA, AM M.A. NO. 27/JP/2016 ARISING OUT IF ITA NO. 596/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08. M/S. SHREE PADMAVATI MARBLES (P) LTD., MAKRANA ROAD, MADANGANJ, KISHANGARH. CUKE VS. THE INCOME TAX OFFICER, KISHANGARH. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AACCS 8801 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAGHUVIR SINGH DAGUR, ADDL.CIT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI AJAY SOMANI, CA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 24.06.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 24 /06/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE ARIS E OUT OF THE ORDER OF THE TRIBUNAL IN ITA NO. 596/JP/2013 SEEKING RECALL OF T HE ORDER DATED 4 TH FEBRUARY, 2016 ON THE GROUND THAT THE ORDER WAS PASSED EX PARTE ON ACCOUNT OF NON APPEARANCE OF THE ASSESSEE. THE LD. COUNSEL SUBMITTED THAT AN AP PLICATION SEEKING ADJOURNMENT WAS MADE IN ADVANCE. HOWEVER, IT COULD NOT BE PLACE D ON THE FILE ON THE DATE OF HEARING. THE LD. COUNSEL SUBMITTED THAT ON ACCOUNT OF GENUINE REASONS ASSESSEE COULD NOT APPEAR. 2. THE LD. D/R SUPPORTED THE SUBMISSIONS AS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF THE PARTIES. AFTER CONSIDERING THE TOTALITY OF FACTS, WE DEEM IT PROPER TO RECALL OUR ORDER DATED 4 TH FEBRUARY, 2016 2 MA NO. 27/JP/2016 SHREE PADMAVATI MARBLES P. LTD. AND FIX THE APPEAL I.E. ITA NO. 596/JP/2013 FOR HEA RING ON 10.08.2016. THE REPRESENTATIVES OF THE PARTIES HAVE NOTED THE DATE, THEREFORE, NO SEPARATE NOTICE WILL BE ISSUED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 24/06/2 016. SD/- SD/- VH-VKJ-EHUK] ( DQY HKKJR ) ( T.R. MEENA) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 24/06/2016. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S. SHREE PADMAVATI MARBLES P L TD., KISHANGARH. 2. THE RESPONDENT- THE ITO KISHANGARH. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. M.A. 27/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR