M/s Abdul Majed, Malda V. ITO, WD-1, MALDA, Malda

MA 3/KOL/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4067 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-01-2016
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: K OLKATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI WASEEM AHMED , AM] M.A. NO. 03/KOL/2016 IN I.T.A NO.292/KOL/2013 ASSESSMENT YEAR: 2009-10 ABDUL MAJED (PAN: AHJPM7274Q) VS. INCOME-TAX OF FICER, WD-1, MALDA ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 18.03.2016 DATE OF PRONOUNCEMENT: 18.03.2016 FOR THE APPLICANT: SHRI RAJEEV KUMAR, ADVOCATE FOR THE RESPONDENT: SHRI P. BANERJEE, JCIT 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. 292/KOL/201 3 DATED 10/09/2015 FOR ASSESSMENT YEAR 2009- 10 AND FOR ADMISSION OF THE SAME FOR HEARING ON MER ITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 10.09.2015 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 WAS PREVENTED FROM APPEARING BEFORE THE BENCH ON TH E DATE OF HEARING DUE TO NON-RECEIPT OF NOTICE OF HEARING, WHICH WAS BEYOND HIS CONTROL AND HENCE, HE COULD NOT ATTEND THE HEARING BEFORE TRIBUNAL ON 10.09.2015. TO THIS EFFECT HE ALSO FILED AN AFFI DAVIT. HENCE, THE ASSESSEE/APPLICANT HAS PRAYED THA T THE ORDER PASSED ON 10.09.2015 MAY BE RECALLED FOR PASSING A FRESH ORDER ON MERIT. IN THIS VIEW OF THE MATTER, WE RECALL THIS ORDER OF THE TRIBUNAL DA TED 10.09.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (WASEEM AHMED) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 18 TH MARCH, 2016 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPLICANT SHRI ABDUL MAJED, C/O SSE/DSL/MLDT, NF R LY. JHALJHALIA, MALDA- 732102 2. RESPONDENT ITO, WARD-42(1), KOLKATA. 3. CIT(A) , KOLKATA. 4. CIT , KOLKATA 4. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .