Mr. P.K.Muyeenuddin, CHENNAI V. ITO (OSD), CHENNAI

MA 272/CHNY/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7738 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 03-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR YOGESH KAMATH
• Assessee Lawyers: N DEVANATHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER .. M.P. NO. 272/MDS/2011 (IN I.T.A. NO. 2251/MDS/2008) & I.T.A. NO. 2251/MDS/2008 ASSESSMENT YEAR : 2004-05 SHRI P.K. MUYEENUDDIN, NO.10D, CASURINA DRIVE, NEELANGARAI, CHENNAI - 600 041. PAN : AEIPM4336P (PETITIONER & APPELLANT) V. THE INCOME TAX OFFICER (OSD), COMPANY CIRCLE VI(3), CHENNAI - 600 034 . (RESPONDENT) ASSESSEE BY : SHRI N. DEVANATHAN REVENUE BY : DR. YOGESH K AMATH DATE OF HEARING : 23.03.2012 DATE OF PRONOUNCEMENT: 23.03.2012 O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THIS MISCELLANEOUS PETITION FILED BY ASSESSEE IS FOR RECALL OF AN EXPARTE ORDER. APPEAL OF THE ASSESSEE WAS DISMISSE D FOR NON- PROSECUTION. SINCE ASSESSEE HAS SHOWN PROPER REASO NS FOR NON- APPEARANCE, ORDER IS RECALLED. M.P. NO. 272/MDS/11 2 2. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE IS WITHDRAWING THE APPEAL UNDER INSTRUCTIONS FROM THE ASSESSEE. NECESSARY NOTINGS HAVE BEEN MADE IN THE APPEAL MEMO . ACCORDINGLY, RECALLED APPEAL IS DISMISSED AS WITHDR AWN. 3. IN THE RESULT, MISCELLANEOUS PETITION FILED BY T HE ASSESSEE IS ALLOWED, AND ORDER IS RECALLED. RECALLED APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 23 RD MARCH, 2012. SD/- SD/- (GEORGE MATHAN) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 23 RD MARCH, 2012. KRI. COPY TO: (1) PETITIONER (2) RESPONDENT (3) CIT(A) (4) CIT (5) D.R. (6) GUARD FILE