Om Prakash Shukla, Faizabad V. Income Tax Officer-ii, Faizabad

MA 32/LKW/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0372 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 13-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APPLICANT SHRI RAKESH GARG B
• Assessee Lawyers: GOING THROUGH MISC APPLICATION

Judgement Text

M.A. NO.32/LKW/2018 ASSESSMENT YEAR:2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH SMC, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER MISC. APPLICATION NO.32/LKW/2018 (ARISING OUT OF I.T.A. NO.763/LKW/2016) ASSESSMENT YEAR:2009-10 SHRI OM PRAKASH SHUKLA, R/O SHUKLA KA POURWA, HAIDERGANJ, FAIZABAD. PAN:EGCPS 3445 H VS. INCOME TAX OFFICER - II, FAIZABAD. (APPLICANT) (RESPONDENT) O R D E R PER T. S. KAPOOR, A.M. THIS MISC. APPLICATION HAS BEEN FILED BY THE ASSES SEE AGAINST THE ORDER OF THE TRIBUNAL DATED 01/05/2018 PASSED IN I. T.A. NO.763/LKW/2016 DISMISSING THE APPEAL OF THE ASSESSEE EX-PARTE. 2. THROUGH THIS MISC. APPLICATION THE ASSESSEE HAS EXPLAINED THE REASONS FOR ABSENCE OF COUNSEL ON THE DATE OF HEARI NG OF THE APPEAL ON ACCOUNT OF WHICH THE APPEAL WAS HEARD AND DISPOSED OF EX-PARTE. THE REASONS FOR THE ABSENCE OF COUNSEL ON THE DATE OF H EARING ARE DULY EXPLAINED IN THE MISC. APPLICATION. 3. AFTER HEARING BOTH THE PARTIES AND GOING THROUGH THE MISC. APPLICATION AND BEING CONVINCED WITH THE EXPLANATIO N FURNISHED BY THE APPLICANT BY SHRI RAKESH GARG, ADVOCATE RESPONDENT BY SHRI AMIT NIGAM, D.R. DATE OF HEARING 31/08/2018 DATE OF PRONOUNCEMENT 07 / 09 /201 8 M.A. NO.32/LKW/2018 ASSESSMENT YEAR:2009-10 2 ASSESSEE, WE RECALL THE ORDER PASSED BY THE TRIBUNA L AND DIRECT THE REGISTRY TO REFIX THIS APPEAL FOR HEARING IN REGULAR COURSE. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSE SSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 07/09/2018) SD/. SD/. (PARTHA SARATHI CHAUDHURY) ( T. S. KAPOOR ) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED:07/09/2018 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR