DINESH KUMAR JAIN, Ajmer V. ITO, Kishangarh

MA 28/JPR/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4518 (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: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 17-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAGHUVIR SINGH DAGUR CIT DHK
• Assessee Lawyers: AJAY SOMANICA

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. 28/JP/2016 ARISING OUT IF ITA NO. 240/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2005-06. SHRI DINESH KUMAR JAIN, MADANGANJ, KISHANGARH. CUKE VS. THE INCOME TAX OFFICER, KISHANGARH. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AEUPJ 1100 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI AJAY SOMANI,CA JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAGHUVIR SINGH DAGUR, ADDL. CIT 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. 240/JP/2015 SEEKING RECALL OF T HE ORDER DATED 06.11.2015 ON THE GROUND THAT THE ORDER WAS PASSED EX PARTE ON ACCOUN T OF NON APPEARANCE OF THE ASSESSEE. THE LD. COUNSEL SUBMITTED THAT AN APPLIC ATION SEEKING ADJOURNMENT WAS MADE IN ADVANCE. HOWEVER, IT COULD NOT BE PLACED ON THE FILE ON THE DATE OF HEARING. THE LD. COUNSEL SUBMITTED THAT ON ACCOUNT OF GENUIN E 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 06.11.2015 AND FIX 2 MA 28/JP/2016 SHRI DINESH KUMAR JAIN THE APPEAL I.E. ITA NO. 240/JP/2015 FOR HEARING ON 10.08.2016. THE REPRESENTATIVES OF THE PARTIES HAVE NOTED THE DATE, THEREFORE, NO S EPARATE 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- SHRI DINESH KUMAR JAIN, KISHANGA RH. 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. 28/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR