Smt. Devender Kaur, Farrukhabad V. I.T.O., Ward-2(1), Farrukhabad

MA 37/AGR/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1782 (ITAT-AGRA)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 02-05-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 14-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHA RANI
• Assessee Lawyers: SAJEEV KAPOOR S

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER M.A. NO. 37/AGRA/2013 (IN ITA NO. 300/AGRA/ 2013) ASSESSMENT YEAR 2007-08 SMT. DEVENDRA KAUR VS. INCOME TAX OFFICER W/O SH. GURNAM SINGH, WARD 2(1), C/O GAYA LUDHIANA TRANPORT CO. FARRUKHABAD THANDDI SARAK, FARRUKHABAD (PAN ABRPK 3655 M) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANOOP SHARMA & SHRI SAJEEV KAPOOR, ADVOCATES RESPONDENT BY : SMT. RADHA RANI, JR. D.R. DATE OF HEARING : 02.05.2014 DATE OF PRONOUNCEMENT : 02.05.2014 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER THIS M.A. IS FILED BY THE ASSESSEE FOR RECALLING OF THE EX-PARTE ORDER DATED 24.09.2013 DISMISSING THE APPEAL OF THE ASSES SEE. M.A NO.37/AGRA/2013 IN ITA NO.300/AGRA/2013 A.Y. 2007-08 2 2. IT IS STATED IN THE MISCELLANEOUS APPLICATION THAT THOUGH THE NOTICE FOR HEARING ON 24.09.2013 WAS RECEIVED BUT BECAUSE OF T HE ILLNESS OF THE ASSESSEE, THE ASSESSEE COULD NOT APPEAR ON THE DATE OF HEARIN G. AFFIDAVIT OF THE ASSESSEE IS FILED. IT IS ALSO STATED THAT COUNSEL FOR THE AS SESSEE SHRI SAJEEV KAPOOR WAS ILL ON THE DATE OF HEARING. AN ADJOURNMENT REQUEST WAS SENT THROUGH POST BUT THE SAME DID NOT REACH THE OFFICE OF THE TRIBUNAL. 3. CONSIDERING THE EXPLANATION OF THE ASSESSEE, WE ARE SATISFIED THAT ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN NOT A PPEARING ON THE DATE OF HEARING. THE EX-PARTE ORDER DATED 24.09.2013 IS REC ALLED. APPEAL OF THE ASSESSEE BE FIXED FOR FINAL HEARING ON MERITS ON 29 .05.2014 FOR WHICH DATE NO SEPARATE NOTICE WILL BE ISSUED TO THE ASSESSEE. 4. IN THE RESULT, M.A. OF THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (PRAMOD KUMAR) (BHAVNE SH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ M.A NO.37/AGRA/2013 IN ITA NO.300/AGRA/2013 A.Y. 2007-08 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY