Vinod Kumar Singh, Hardoi V. Income Tax Officer, Hardoi

MA 39/LKW/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0589 (ITAT-LUCKNOW)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 31-05-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 26-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: YOGESH AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A : LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER M. A. NO. 39 /LKW/ 2012 (ARISING OUT OF I.T.A. NO.153/LKW/2012) ASSESSMENT YEAR: 2008 - 09 SHRI VINOD KUMAR SINGH, VS. INCOME TAX OFFICER, C/O SAHJADE SINGH BRICK FIELD, HARDOI. HARDOI. PAN:AVUPS2773B (APP LICANT ) (RESPONDENT) APP LICANT BY : SHRI YOGESH AGARWAL, ADVOCATE RESPONDENT BY : SMT. RANU BISWAS, D.R. DATE OF HEARING : 31 /0 5 /2 01 3 DATE OF PRONOUNCEMENT :31/05/2013 ORDER PER SUNIL KUMAR YADAV: THIS MISC. APPLICATION IS PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 28/0 8 /2012 THROUGH WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED, WITH THE SUBMISSIONS THAT ASSESSEE COULD NOT APPEAR ON THE DATE FIXED DUE TO THE FACT THAT HE WAS SUFFERING FROM ACUTE DISC PROLAPSED WITH NUMBNESS IN LOWER LIMBS AND HE WAS ADVISED COMPLETE BE D REST FOR ATLEAST 60 DAYS FROM 15 TH JULY 2012 AS A PART OF THE TREATMENT. IN SUPPORT OF HIS CONTENTION, THE ASSESSEE HAS FILED MEDICAL CERTIFICATE ALONGWITH THE AFFIDAVIT. 2 FINDING FORCE IN THE CONTENTION OF THE ASSESSEE, WE RECALL OUR ORDER DATED 28 /0 8 /2012 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 16/07/2013. SINCE THE ORDER IS PRONOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL GO TO THE ASSESSEE. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 31/05/2013 ) SD/. SD/. ( PRAMOD KUMAR) ( SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31/05/2013 *SINGH COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR