Shiv Narayan Agarwal, Lucknow V. Income Tax Officer , Lucknow

MA 34/LKW/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0590 (ITAT-LUCKNOW)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 31-05-2013
• Assessment Year: 1990-1991
• Appeal Filed On: 04-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: S C AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A : LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER M. A. NO. 34 /LKW/ 2012 (ARISING OUT OF I.T.A. NO.400/LKW/2010) ASSESSMENT YEAR: 1990 - 91 SHRI SHIV NARAIN AGRAWAL VS. INCOME TAX OFFICER - 1(3), DALIGANJ, LUCKNOW . LUCKNOW. PAN:AHRPA0156F (APP LICANT ) (RESPONDENT) APP LICANT BY : SHRI S. C. AGARWAL, ADVOCATE RESPONDENT BY : SMT. RANU BISWAS, D.R. DATE OF HEARING : 31 /0 5 /201 3 DATE OF P RONOUNCEMENT :07/06/2013 ORDER PER PRAMOD KUMAR: THIS MISC. APPLICATION IS PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 29 TH MARCH, 2010 THROUGH WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED, WITH THE SUBMISSIONS THAT ASSESSEE COULD NOT APPEAR ON THE DATE FIXED DUE TO THE FACT THAT B BENCH WAS NOT IN OPERATION AND THE PERSON WHO ATTENDED THE HEARING ON 22/03/2010 COULD NOT KNOW THAT THE NEXT DATE OF HEARING IN THIS APPEAL HAS BEEN FIXED ON 29/03/2010. IN SUPPORT OF HIS CONTENTION, THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT. FINDING FORCE IN THE 2 CONTENTION OF THE ASSESSEE, WE RECALL OUR ORDER DATED 29 TH MARCH, 2010 AND DIREC T THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 16/07/2013. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 07/06/2013 ) SD/. SD/. ( SUNIL KUMAR YADAV ) ( PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07/06/2013 *SINGH COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR