Shri Santosh Kumar Keshari, Kolkata V. ITO, Ward - 25(3), Kolkata, Kolkata

MA 41/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6597 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 13-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA (SMC)A BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, A CCOUNTANT M EMBER & SRI ABY T. VARKEY , JUDICIAL MEMBER ] M.A. NO. 4 1 /KOL/201 8 A/O I.T.A. NO . 1 90 /KOL/201 7 ASSESSMENT YEAR: 2011 - 12 SHRI SANTOSH KUMAR KESHARI. .....APPELLANT 14/15, TOPSIA ROAD, TILJALA KOHINOOR MARKET KOLKATA 700 039 [PAN : AGVPK 4645 G ] INCOME TAX OFFICER, WARD 25 ( 3 ), KOLKATA.. ......RESPONDENT AAYKAR BHAWAN DAKSHIN 2, GARIAHAT ROAD SOUTH KOLKATA 700 068 APPEARANCES BY: SHRI V. DASGUPTA , ADVOCATE , APPEARED ON BEHALF OF THE ASSESSEE. SHRI SALLONG YADEN , ADDL. CIT, APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : MAY 18 TH , 201 8 DATE OF PRONOUNCING THE ORDER : MAY 25 TH , 201 8 O R D E R PER J. SUDHAKAR REDDY : - BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF TH E EX PARTE ORDER OF THE TRIBUNAL DATED 15 /1 2 /2017, ON THE GROUND THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE BENCH ON THE DATE OF HEARING. REASONS FOR ABSENCE HAVE BEEN EXPLAINED. AFTER GOING T HROUGH THE SAME, WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THIS BENCH ON THE DATE OF HEARING. 2. IN VIEW OF THE ABOVE DISCUSSION, WE R ECALL THE IMPUGNED ORDER OF THE ITAT DATED 15 /1 2 /2017. THE REGISTRY IS DIRECTED TO POST THE CASE FOR FRESH HEARING ON 2 ND JULY , 2018, FOR DISPOSAL ON MERITS. AS THIS DATE HAS BEEN PRONOUNCED IN THE OPEN COURT NO SEPARATE NOTICE OF HEARING SHALL BE ISSUED TO EITHER PARTY. 2 M.A. NO. 41/KOL/2018 A/O I.T.A. NO. 190/KOL/2017 ASSESSMENT YEAR: 2011 - 12 SHRI SANTOSH KUMAR KESHARI 3. IN THE RESULT THIS MISCELLANEOUS APPLICATION IS ALLOWED. KOLKATA, THE 25 TH DAY OF M AY , 201 8 . SD/ - SD/ - [ ABY T. VARKEY ] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 25 . 0 5 .201 8 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1 . SHRI SANTOSH KUMAR KESHARI 14/15, TOPSIA ROAD, TILJALA KOHINOOR MARKET KOLKATA 700 039 2. INCOME TAX OFFICER, WARD 25(3), KOLKATA AAYKAR BHAWAN DAKSHIN 2, GARIAHAT ROAD SOUTH KOLKATA 700 068 3. CIT(A) - 4. CIT - , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES 3 M.A. NO. 41/KOL/2018 A/O I.T.A. NO. 190/KOL/2017 ASSESSMENT YEAR: 2011 - 12 SHRI SANTOSH KUMAR KESHARI