R.M. Mohite Textiles Ltd., Kolhapur V. Jt. CIT, Range-1, Kolhapur

MA 41/PUN/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6471 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 14-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H C LEUVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI D. KARUNAKARA RAO,AM M.A. NO. 41/PN/2011 ARISING OUT OF ITA NO. 136/PN/2009 A.Y. 2005-06 R.M. MOHITE TEXTILES LTD., 2078 E WARD, 10 TH LANE, RAJARAMPURI KOLHAPUR PAN AABCR 3410 K APPLICANT VS. JT. CIT RANGE 1, KOLHAPUR RESPONDENT APPLICANT BY : SHRI KISHORE PHADKE RESPONDENT BY : SHRI H.C. LEUVA O R D E R PER D. KARUNAKARA RAO, A.M. BY THIS MISCELLANEOUS PETITION, ARISING OUT OF ORDE R OF THE TRIBUNAL DATED 28-10-2010 IN ITA NO. 136/PN/2009 FOR A.Y. 2005-06 THE ASSESSEE SEEKS TO RECALL THE ORDER OF THE TRIBUNAL ON THE GROUND THAT THERE WAS CONFUSION AT THE ASSESSEES END AS TO RECEIPT OF NOTICE, ITS HEARING DATE, ENGAGEMENT OF COUNSEL IN PUNE, ETC. AND DUE TO CONFUSION IN COMMUNICATION , THE APPEAL COULD NOT BE ATTENDED AT THE RELEVANT POINT OF TIME. 2. AFTER HEARING BOTH THE PARTIES AND PERUSING THE SUB MISSIONS MADE IN THE MISC. APPLICATION, WE FIND THAT THE ASSESSEE WAS PR EVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE TRIBUNAL ON THE RELEVANT DATE OF HEARING. IN THIS VIEW OF THE MATTER, WE HEREBY RECALL THE ORDER OF THE TR IBUNAL IN ITA NO. 136/PN/2009 DATED 28-10-2010 FOR A.Y. 2005-06 AND DIRECT THE RE GISTRY TO FIX THIS CASE FOR HEARING ON 4-5-2011. M.. 41/PN/2011 R.M. MOHITE TEXTILES A.Y. 2005-06 2 3. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED ON 6 TH APRIL 2011 SD/- SD/- ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER (D. KARUNAKARA RAO ) ACCOUNTANT MEMBER PUNE DATED THE 6 TH APRIL 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ACIT, 3. CIT- KOLHAPUR 4. CIT(A)- KOLHAPUR 5. D.R. ITAT PUNE BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE