Late Shri Ganesh Narain, , Jaipur V. Income Tax Officer, Ward-2(2), Jaipur

MA 29/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5602 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S NEHRA

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 FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM M.A. NO. 29/JP/2019 (ARISING OUT OF ITA NO. 853/JP/2018) FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2008-09 LATE SHRI GANESH NARAIN, LEGAL HEIR RAMESH GUPTA, D-34, CHOMU HOUSE, JAIPUR CUKE VS. ITO, WARD 2(2), JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ACIPG3938M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI S. L. JAIN (ADV.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI A. S. NEHRA (ADDL. CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 24/05/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 27/05/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE ASSESSEE AGAINST THE ORDER OF CO-ORDINATE BENCH IN ITA NO. 853/JP/2018 WHEREIN THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR NON-PROSECUTION. 2. BOTH THE PARTIES WERE HEARD AND AFTER GOING THRO UGH THE MATERIAL AVAILABLE ON RECORD INCLUDING THE AFFIDAVI T OF THE LD. AR WHEREIN HE HAS STATED THAT ON THE SCHEDULED DATE OF HEARING, HE HAS TO TRAVEL OUT OF STATION DUE TO FAMILY FUNCTION AND AS A RESULT, HE COULDNT ATTEND THE HEARING. CONSIDERING THE SAME A ND ESPECIALLY M.A. NO. 29/JP/2019 LATE SHRI GANESH NARAIN, JAIPUR VS. IT O, WARD-2(2), JAIPUR 2 GIVEN THAT THE MATTER HAS NOT BEEN DECIDED ON MERIT , IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE RECALL THE IMPUGNED OR DER OF THE TRIBUNAL AND DIRECT THE REGISTRY TO FIX THE MATTER FOR HEARI NG ON 29 TH JULY, 2019. AS PRONOUNCED IN THE OPEN COURT, SEPARATE NOT ICE IS DISPENSED WITH. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISPOSED OFF IN LIGHT OF ABOVE DIRECTIO NS. ORDER PRONOUNCED IN THE OPEN COURT ON 27/05/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 27/05/2019. * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- LATE SHRI GANESH NARAIN, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD-2(2), JAIPUR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {M.A NO. 29/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR