C.S. Ashok, Bangalore V. ITO, Bangalore

MA 38/BANG/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6517 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-07-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 01-07-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 02-06-2011
• Court: TRIBUNAL
• Department Lawyers: JACINTA ZIMIK VASHAI
• Assessee Lawyers: H S SHIVARAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE A BENCH, BANGALORE BEFORE SMT P. MADHAVI DEVI, JM AND SRI A. MOHAN ALANKAMONY, AM M.A.NO.38(B)/2011 (IN ITA NO.971(B.)/2010) (ASSESSMENT YEAR : 2004-05) SHRI C.S. ASHOK, PROP: TRUPTI SERVICE STATION, 123/49,3 RD PHASE, J.P.NAGAR, BANGALORE-560 078. PETITIONER VS THE COMMISSIONER OF INCOME-TAX(A)-II, BANGALORE. RESPONDENT PETITIONER BY : SHRI H.S.SHIVARAM, CA RESPONDENT BY : SMT. JACINTA ZIMIK VASHAI, ADDL.CIT O R D E R PER SMT P. MADHAVI DEVI, JM THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE ASSESSEE U/S 254(2) SEEKING RECALL OF THE TRIBUNALS ORDER D ATED 09-05-2011, WHEREIN THE ASSESSEES APPEAL WAS DISMISSED IN LIMI NE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE APPEARED AN D SUBMITTED THAT DUE TO A ROAD ACCIDENT THE ASSESSEE COULD NOT ATTEND THE HEARING ON 09-05-2011 WHICH RESULTED IN DISMISS AL OF THE APPEAL. HE ALSO PRAYED THAT THE ORDER MAY BE RECAL LED. THE LEARNED DR HOWEVER, OPPOSED THE CONTENTION OF C OUNSEL. 3. HAVING HEARD BOTH THE PARTIES AND IN VIEW OF THE PROVISO TO RULE-24 OF THE INCOME-TAX APPELLATE TRIBUNAL RULES- 1962, WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUN AL AND POST THE APPEAL ON MERITS I.E 09-08-2011. M.P.NO.38(B)/2011 (IN ITA NO.971(M.)/2010 2 4. AS THE DATE OF HEARING HAS ALREADY BEEN INTIMATE D TO BOTH THE PARTIES AT THE TIME OF HEARING, NO FRESH NOTICE BE ISSUED. ACCORDINGLY, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. (A. MOHAN ALANKAMONY) (P. MA DHAVI DEVI) ACCOUNTANT MEMBER JUDICI AL MEMBER PLACE: BANGALORE DATED: 29-07-2011 AM* COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3. CIT(A) 4. CIT 5. DR 6. GF(BLORE) 7. GF(DELHI) BY ORDER ASST. REGISTRAR