Shri Bhikari Charan Pradhan, Kolkata V. DCIT, Cir. 49, Kolkata, Kolkata

MA 28/KOL/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5733 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-06-2017
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 08-02-2017
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI A.T. VARKEY, JM & SHRI WASEEM AHMED, AM] M.A. NO. 28/KOL/2017 IN I.T.A NO.574/KOL/2015 ASSESSMENT YEAR: 2008-09 SHRI BHIKARI CHARAN PRADHAN VS. DEPUTY COMMISS IONER OF INCOME-TAX, (PAN: AJAPP1873B) CIRCLE-49 ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 09.06.2017 DATE OF PRONOUNCEMENT: 09.06.2017 FOR THE APPLICANT: SHRI SOUMITRA CHOWDHURY, ADVOC ATE FOR THE RESPONDENT: SHRI ARINDAM BHATTACHARYA, A DDL. CIT ORDER PER SHRI MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 574/KOL/201 5 DATED 09/12/2016 FOR ASSESSMENT YEAR 2008- 09 AND FOR ADMISSION OF THE SAME FOR HEARING ON MER ITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 09.12.2016 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECUTION . 3. THE LD. COUNSEL FOR THE ASSESSEE HAS NOW MOVED T HIS MISC. PETITION AND STATED THAT ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING THIS APPEAL. ASSESSEE ALSO STATED IN HIS MISC. APPLICATION THAT THE HEARING OF THE SAID APPEAL WAS FIXED ON 09.12.2 016 BUT THE DIARY OF HIS LAWYER SRI SOUMITRA CHOWDHURY, ADVOCATE WAS WRONGLY POSTED BY HIS JUNIO R, THEREFORE, HE HAS NOT APPEARED ON 09.12.2016, AND THE ASSESSEE WAS UNDER IMPRESSION T HAT NOTICE WILL BE SERVED UPON THE ASSESSEE. THEREFORE, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 09.12.2016 FOR PASSING A FRESH ORDER ON MERIT AFTER HEARING THE PARTIES. CONSIDERING THE ABOVE FACTS AND THE CONCESSION GIVEN BY THE LD. DR, WE RECALL THIS ORDER OF THE TR IBUNAL DATED 09.12.2016 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APP EAL IN DUE COURSE. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (WASEEM AHMED) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH JUNE, 2017 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPLICANT SHRI BHIKARI CHARAN PRADHAN, 1/1, THAKUR DAS BANERJEE ROAD, BELGHORIA, KOLKATA-700 056. 2. RESPONDENT DCIT, CIRCLE-49, KOLKATA. 3. CIT(A) , KOLKATA. 4. CIT , KOLKATA 5.DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETARY