M/s Chanakya Finance Corporation, Mysore V. Income tax Officer, Mysore

MA 38/BANG/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5517 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 15-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK KULKARNI

Judgement Text

MP.38/BANG/2017 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI. VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI. S. JAYARAMAN, ACCOUNTANT MEMBER MISC. PETITION NO.38/BANG/2017 (IN I.T.A NO.1624/BANG/2013) (ASSESSMENT YEAR : 2007-08) M/S. CHANAKYA FINANCE CORPORATION, NO.381, B. N. STREET, MANDI MOHALLA, MYSURU .. APPELLANT PAN : AFCPR5285B V. INCOME-TAX OFFICER, WARD 2(1), MYSURU .. RESPONDENT ASSESSEE BY : SHRI. ASHOK KULKARNI, ADVOCATE REVENUE BY : SMT. SWAPNA DAS, JCIT HEARD ON : 28.04.2017 PRONOUNCED ON : 28.04.2017 O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER : THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESS EE ON 15.02.2017 SEEKING TO RECALL THE ORDER OF THIS TRIBUNAL, DT.23 .11.2016, WHEREIN THE APPEAL WAS DISMISSED FOR NON-PROSECUTION. 02. WE HAVE GONE THROUGH THE CONTENTS OF THE MISCEL LANEOUS PETITION. AS EXPLAINED BY THE ASSESSEE, THE REASON FOR NON-APPEA RANCE ON THE DATE OF HEARING IS THAT THE ADVOCATE WHO APPEARED ON 22.06. 2016 TO SEEK ADJOURNMENT, HAD INADVERTENTLY NOTED THE NEXT DATE OF HEARING AS 29.09.2016 INSTEAD OF 28.092016. WE ARE CONVINCED WITH THE REASONS MP.38/BANG/2017 PAGE - 2 PROVIDED BY THE ASSESSEE. HENCE WE RECALL THE ORDE R OF THE TRIBUNAL DT.23.11.2016. APPEAL IS NOW POSTED FOR HEARING ON 12.07.2017. NO NOTICE SHALL BE SERVED AS THE DATE OF HEARING WAS PRONOUNC ED IN THE OPEN COURT AT THE TIME OF HEARING. 03. IN THE RESULT, MISCELLANEOUS PETITION IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON THE 28 TH DAY OF APRIL, 2017. SD/- SD/- (VIJAY PAL RAO) (S. JAYARAMAN) JUDICIAL MEMBER A CCOUNTANT MEMBER MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME TAX 4. THE COMMISSIONER OF INCOME TAX (A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR