M/s Ashirbad Enterprise, Kolkata V. ITO, WD-49(4), KOLKATA, Kolkata

MA 35/KOL/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4554 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-06-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI N. V. VASUDEVAN, JM & SHRI M. BALAGAN ESH, AM] M.A. NO. 35/KOL/2015 I.T.A NO.142/KOL/2012 ASSESSMENT YEAR: 2008-09 M/S. ASHIRBAD ENTERPRISES VS. INCOME-TAX OFFICE R, WD-49(4), KOLKATA (PAN: AAIFA3009R) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 03.06.2016 DATE OF PRONOUNCEMENT: 03.06.2016 FOR THE APPLICANT: SHRI M. D. SHAH, AR FOR THE RESPONDENT: N O N E ORDER PER SHRI M. BALAGANESH, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 142/KOL/20 12 DATED 21/01/2015 FOR ASSESSMENT YEAR 2008-09 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 21.01.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE LD. COUNSEL FOR THE ASSESSEE HAS NOW MOVED T HIS MISC. PETITION AND STATED THAT ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTIN G THIS APPEAL AS ON MANY TIMES HE APPEARED BEFORE THE BENCH AND ARGUED THE MATTER AND SOMETIMES BENCH DID NOT FUNCTION. THEREFORE, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 21.01.2015 FOR PASSING A FRESH ORDER ON MERIT AFTER HEARING TH E PARTIES. IN THIS VIEW OF THE MATTER, WE RECALL THIS ORDER OF THE TRIBUNAL DATED 21.01.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL ON 19.07.201 6. NO NOTICE IS REQUIRED TO BE SERVED ON EITHER OF THE PARTIES AS THE ORDER IS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (N. V. VASUDEVAN) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED : 3RD JUNE, 2016 JD.(SR.P.S.) 2 MA NO. 35/K/2015 IN ITA NO.142/K/2012 ASHIRBAD ENTERPRISES AY 2008-09 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT M/S. ASHIRBAD ENTERPRISES, BAGUIATI C. S. SHOP, BAGUIATI, KOLKATA-700 059. 2 RESPONDENT ITO, WARD-49(4), KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .