IQBAL MOHD., BUNDI V. ITO, BUNDI

MA 35/JPR/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4834 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 11-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K RAWAT JCIT DHK
• Assessee Lawyers: D D AGARWAL

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,OA JH FOE FLAG ;K NO ] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SING H YADAV, AM M.A. NO. 35/JP/2019 ( ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 902/JP/2018) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10. SHRI IQBAL MOHD S/O SH MOHD. HANIF, M/S. LAXMI TRANSPORT CO., LAKHERI, DIST. BUNDI. CUKE VS. THE INCOME TAX OFFICER, WARD BUNDI. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ACFPM 8301 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI D.D. AGARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI A.K. RAWAT (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 07.06.2019. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 17/06/2019. VKNS'K@ ORDER PER VIJAY PAL RAO, JM : BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSES SEE IS SEEKING RECALLING OF THE ORDER DATED 11.12.2018 OF THIS TRIBUNAL WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR NON PROSECUTION. 2. WE HAVE HEARD THE LD. A/R AS WELL AS THE LD. D/R AND CAREFULLY PERUSED THE RELEVANT RECORD. THE ASSESSEE HAS EXPLAINED THE RE ASON FOR NON APPEARANCE ON 11.12.2018 WHEN THE APPEAL OF THE ASSESSEE WAS CALL ED FOR HEARING AND DISMISSED FOR NON PROSECUTION AS NON RECEIPT OF THE NOTICE IS SUED BY THE TRIBUNAL. SINCE THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMINE AND NOT DECIDED ON MERITS, THEREFORE HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, WE RECALL THE IMPUGNED ORDER DATED 11.12.2 018 OF THIS TRIBUNAL AND FIX THE 2 MA NO. 35/JP/2019 SHRI IQBAL MOHD., BUNDI. APPEAL OF THE ASSESSEE FOR FRESH HEARING AND ADJUDI CATION ON 05.08.2019. SINCE THE DATE OF HEARING OF THE APPEAL IS ANNOUNCED IN THE O PEN COURT AND HAS BEEN NOTED DOWN BY THE PARTIES, THEREFORE, NO SEPARATE NOTICE SHALL BE ISSUED IN THIS RESPECT. 6. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 17/06/2 019. SD/- SD/- ( FOE FLAG ;KNO ) ( FOT; IKY JKWO (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 17/06/2019. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI IQBAL MOHD., BUNDI. 2. THE RESPONDENT THE ITO, WARD BUNDI. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (MA NO. 35/JP/2019) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 MA NO. 35/JP/2019 SHRI IQBAL MOHD., BUNDI.