Smt. Bhumika Navinbhai Patel, Baroda V. The Income Tax Officer, Ward-2(2), Baroda

MA 287/AHD/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 1599 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 16-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALBINUS TIRKEY
• Assessee Lawyers: K P SINGH
• Section: 201; 13; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER BHUMIKA NAVINBHAI PATEL, L/H OF NAVINBHAI PUJBHAI PATEL, 1, PRIYA PARK SOCIETY, ELLORA PARK, BARODA PAN: ACSPP2440D (APPELLANT) VS THE IT O , WAR D - 2(2) , BARODA AHMEDABAD (RESPONDENT) REVENUE BY : S H RI ALBINUS TIRKEY , SR. D . R. ASSESSEE BY: SHRI K.P. SINGH, A.R. DATE OF HEARING : 18 - 01 - 2 019 DATE OF PRO NOUNCEMENT : 13 - 02 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THE PRESENT MISCELLANEOUS APPLICATIONS ARE DIRECTED AT THE INSTANCE OF ASSESS EE CONTENDING THEREIN THAT FIVE APPEALS WERE DISMISSED FOR WANT OF PROSECUTION. M.A. NOS. 287, 300,301, 302 & 303/A HD/2018 (IN I T A NO S . 481 TO 485 / A HD/20 17) A SSESSMENT YEAR 200 6 - 07 TO 2010 - 11 M .A NO S . 287, 300, 301, 302 & 303 /AHD/20 18 A.Y. 2006 - 07 TO 2010 - 11 PAGE NO BHUMIKA NAVINBHAI PATEL VS. IT O 2 2. LD. COUNSEL FOR THE ASSESSEE SUBMITT ED THAT APPEALS WERE LISTED ON 28 TH JUNE, 2018 . S OMEHOW, THE ASSESSEE WAS OUT OF STATION , THEREFORE, TH E HEARING REMAINED UNATTENDED . FOR BUTTRESSING THIS CONTENTION, HE ANNEXED PHOTOCOPY OF PASSPORT. CONSIDERING THE ABOVE SUBMISSION, WE ARE SATI SFIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT REASONS FOR NOT APPEARING ON THE DATE OF HEARING. WE ALLOW THE APPLICATIONS OF T HE ASSESSEE AN D RESTORE THESE FIVE TO ITS ORIGINAL NOS. REGISTRY IS DIRECTED TO LIST THESE APPEALS ON 20 TH MARCH, 2019 . BOTH THE PARTIES HAVE BEEN COMMUNICATED ABOUT THE NEW DATE OF HEARING IN THE OPEN COURT THEREFORE NO NEW NOTICE WILL BE ISSUED . 3. IN THE RESULT, ALL THE FIVE MAS ARE ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 13 - 02 - 201 9 SD / - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 13 /02 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMED ABAD 6. GUARD FILE. BY ORDER/ , / ,