Smt. Varsha Tekwani, Baroda V. The Income Tax Officer, Ward-5(4), Baroda

MA 322/AHD/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6140 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINHLA

Judgement Text

, ,L ,L,L ,L- -- -,E ,E,E ,E- -- -LH LHLH LH IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] YS [KK LNL; DS LE{KA YS[KK LNL; DS LE{KA YS[KK LNL; DS LE{KA YS[KK LNL; DS LE{KA (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ) MISC. APPLICATION NO.322/AHD/2017 (ARISING OUT OF ITA NO.1892/AHD/2016) (ASSESSMENT YEAR :2009-10) SMT. VARSHA TEKWANI, FLAT NO.302, 3 RD FLOOR, JAY RANCHHOD AVENUE, D- 190, DAJI NAGAR, HARNI WARSIA RING ROAD, BARODA 390 006. / VS. INCOME TAX OFFICER, WARD 5(4), BARODA. ./ ./ PAN/GIR NO. : AFNPT 8436 R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI JIMI PATEL, AR / RESPONDENT BY : SHRI ANUPAMA SINHLA, SR. DR / DATE OF HEARING 16/02/2018 !'# / DATE OF PRONOUNCEMENT 20/02/2018 $% / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION HAS FILED BY THE AP PLICANT AGAINST THE ORDER PASSED BY THE APPELLATE TRIBUNAL, AHMEDAB AD BENCH-SMC ON 22/09/2017 IN ITA NO.1892/AHD/2016 FOR ASST. YEA R 2009-10 IN THE CASE OF SMT. VARSHA TEKWANI. 2. AS MENTIONED IN PARA 2 OF THE ORDER DATED 22/09/ 2017 THAT AT THE TIME OF HEARING I.E. ON 20/09/2017, NONE APPEARED O N BEHALF OF THE MA NO.322 /AHD/2017(IN ITA NO.1892/AHD/2016) SMT. VARSHA TEKWANI VS. ITO A.Y. 2009-10 - 2 - APPLICANT, NOTICE OF HEARING WAS SENT THROUGH RPAD POST BUT SAME WAS RETURNED BY THE POSTAL AUTHORITIES WITH THE REMARK NOT KNOWN AND APPLICANT HAS NOT FILED ANY ADJOURNMENT APPLICATION AND FOR SUCH REASONS, AND THEREFORE, BENCH WAS CONSTRAINED TO DISMISS THE APPLICANTS APPEAL FOR WANT OF PROSECUTION. NOW APPLICANT HAS MOVED APPLIC ATION FOR RE-CALLING OF THE ORDER DATED 22/09/2017 IN ITA NO.1892/AHD/20 16 FOR ASST. YEAR 2009-10. 3. THEREFORE, WE RECALL OUR ORDER DATED 22/09/2017 IN ITA NO.1892/AHD/2016 FOR ASST. YEAR 2009-10. 4. NEXT DATE OF HEARING IN THIS MATTER IS 05/07/2018 AND SAME HAS BEEN COMMUNICATED TO BOTH THE PARTIES AND NO SEPARA TE NOTICE WILL BE SENT TO ANY OF THE PARTIES. 5. IN THE RESULT, MISC. APPLICATION FILED BY THE AP PLICANT IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 20/02/2018 SD/- SD/- VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG &' $ ( $ ) ()* $ ) ( AMARJIT SINGH ) ( MAHAVIR PR ASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 20/02/2018 PRITI YADAV, SR.PS MA NO.322 /AHD/2017(IN ITA NO.1892/AHD/2016) SMT. VARSHA TEKWANI VS. ITO A.Y. 2009-10 - 3 - ! ' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. , -. / / CONCERNED CIT 4. / () / THE CIT(A) 5. 012 **-. , -.# , '&$,$ / DR, ITAT, AHMEDABAD 6. 245 6 / GUARD FILE. # $ / BY ORDER, 0 * //TRUE COPY// %/$ &' ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .19/02/2018 (DICTATION-PAD 1 PAGES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20/02/2018 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER