Suraj Limited, Ahmedabad V. The Dy.CIT, Circle-8, Ahmedabad

MA 34/AHD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1745 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-05-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 19-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: G C PIPARA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) M. A. NO.32 TO 35/AHD/2014 (IN ITA NOS. 853/AHD/11, 2435/AHD/11, 1632/AHD/12 & 1749/AHD/13) (ASSESSMENT YEARS: 2007-08, 200 8-09 & 2009-10) SURAT LIMITED SURAJ HOUSE, OPP. USMANPURA GARDEN, USMANPURA, AHMEDABAD-380013 V/S THE DCIT, CIRCLE-8, AHMEDABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.C.PIPARA RESPONDENT BY : SHRI P.L. KUREEL, SR. D.R. ( )/ ORDER DATE OF HEARING : 02-05-2014 DATE OF PRONOUNCEMENT : 30-05-2014 PER SHRI ANIL CHATURVEDI,A.M. 1. BY THESE M.AS. THE ASSESSEE HAS PRAYED FOR RECALLIN G OF THE EX-PARTE ORDER OF TRIBUNAL IN ITA NOS. 853, 2435/AHD/11, 243 5/AHD/2011 1632/AHD/12 & 1749/AHD/13 ORDER DATED 17.01.2014. 2. BEFORE US, THE LD. A.R. REITERATED THE REASONS FOR NON APPEARANCE ON THE DATE OF HEARING AS STATED IN THE M.A. HE FURTHER S UBMITTED THAT THE REVENUES APPEAL FOR THE SAME ASSESSMENT YEARS HAVE BEEN FIXED FOR HEARING ON 29.05.2014 AND THEREFORE SUBMITTED THAT IN VIEW OF THE SUBMISSIONS MADE IN THE APPLICATION, THE ORDER DATE D 17.01.2014 BE MA NOS 32 TO 34/A/20 14 (IN ITA NOS. 853, 2435/A/11 , 1632/A/12 & 1749/A/13) . A.YS. 2007- 08, 2008-09 & 2009- 10 2 RECALLED AND URGED THAT THE HEARING BE FIXED ALONG WITH THE APPEALS OF REVENUE. LD. D.R. DID NOT SERIOUSLY OBJECT TO THE PRAYER OF LD. A.R. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. ON CONSIDERING THE REASONS GIVEN BY ASSESSEE FOR NON APPEARANCE, WE FIND THAT ASSESS EE HAS BEEN ABLE TO SHOW SUFFICIENT CAUSE FOR NON-APPEARANCE ON 17.01.2 014 AND THEREFORE WE RECALL THE ORDER DATED 17.01.2014 AND FIX THE HE ARING ON 29.05.2014. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, THE ISSUANCE OF NOTICE IS DISPENSED WITH. 4. IN THE RESULT, THE M.AS. FILED BY THE ASSESSEES ARE ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 30 - 05 - 2014. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHM EDABAD