Shri Upendra Singh Keer, Burhanpur V. The I T O, Burhanpur

MA 37/IND/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4487 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-03-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 05-03-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 20-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Assessee Lawyers: R TARWALLA

Judgement Text

PAGE 1 OF 2 - IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER PAN NO. : ADZPK6940R M.A.NO.37/IND/2009 (ARISING OUT OF I.T.A.NO. 515/IND/2008) A.Y. 2005-06 SHRI UPENDRASINGH KEER, INCOME-TAX OFFICER, LALBAGH ROAD, VS BURHANPUR BURHANPUR APPLICANT RESPONDENT APPLICANT BY : SHRI R. TARWALLA, C.A. RESPONDENT BY : SMT.APARNA KARAN, SR. DR DATE OF HEARING : 5.3.2010 O R D E R PER V.K. GUPTA, A.M. THROUGH THIS MISC. APPLICATION, THE ASSESSEE IS SEE KING RESTORATION OF ASSESSEES APPEAL IN I.T.A.NO. 515/IND/2008, WHI CH WAS DISMISSED BY THE TRIBUNAL IN LIMINE FOR WANT OF NON-PROSECUTION VIDE ITS ORDER DATED 4 TH NOVEMBER, 2009. THE ASSESSEE HAS SATISFACTORILY EX PLAINED THE REASONS AND HAS ALSO SUBMITTED DOCUMENTARY EVIDENCES IN SUP PORT OF SUCH CLAIM. HENCE, WE RECALL OUR EARLIER ORDER AND RESTORE IMPU GNED APPEAL ON THE ROLLS OF REGISTER FOR HEARING ON MERITS. THE DATE O F HEARING IS FIXED ON 17 TH PAGE 2 OF 2 - MAY, 2010, WHICH WAS ANNOUNCED IN THE OPEN COURT. H ENCE, NOTICE NEED NOT BE SENT SEPARATELY. 2. IN THE RESULT, THE MISC. APPLICATION FILED BY THE A SSESSEE STANDS ALLOWED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 5 TH MARCH, 2010. SD/- SD/- (JOGINDER SINGH) (V. K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 5 TH MARCH, 2010. CPU* 553