Sri. Mallikarjun Vidya Vardhak Sangh, Bijapur V. ACIT, Bijapur

MA 43/BANG/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6805 (ITAT-BANGALORE)
• Duration Of Justice: 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 26-08-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 29-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GANESH RAO
• Assessee Lawyers: GANESH

Judgement Text

PAGE 1 OF 2 M.P. NO.43/BANG/2011 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH A BEFORE SHRI GEORGE GEORGE K., J.M. AND SHRI A MOHAN ALANKAMONY, A.M. M.P.NO.43/BANG/2011 (IN ITA NO.181/BANG/10) (ASST. YEAR 2006-07) SRI MALLIKARJUN VIDYA VARDHAK SANGH, C/O R K MEMORIAL AYURVEDIC COLLEGE, BADI KAMAN ROAD, BIJAPUR. - APPELLANT/PETITIONER PAN : AAGTS4396D VS THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1, BIJAPUR. - RESPONDENT APPELLANT/PETITIONER BY : SHRI GANESH, ADVOCATE RESPONDENT BY : SHRI GANESH RAO, ADDL. CIT O R D E R PER GEORGE GEORGE K : THIS MISCELLANEOUS PETITION IS FILED BY THE ASSES SEE FOR THE ASST. YEAR 2006-07 SEEKING RECALL OF THE ORDER O F THE TRIBUNAL DATED 19.11.2010. 2. IN PARA.4 OF THE MISC. APPLICATION THE ASSESSEE STATES AS UNDER:- 4. IT IS SUBMITTED WITH RESPECT THAT THE APPEAL FILED BY THE APPELLANT IS A VALID APPEAL U/S 253 OF THE ACT. THEREFORE, THE HONBLE TRIBUNAL OUGHT TO HAVE DISPOSED OF THE APPEAL UNDER RULE 24 OF THE RULES. RELIANCE IS PLACED ON THE DECISION IN PAGE 2 OF 2 M.P. NO.43/BANG/2011 2 RAJENDRA PRASAD BORAH V INCOME TAX APPELLATE TRIBUNAL AND OTHERS 302 ITR 243 (GAUHATI). 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE APPEAL WAS DISMISSED FOR NON-APPEARANCE OF THE ASSESSEE AT THE TIME OF HEARING. NOW THE AS SESSEE IS REQUESTING FOR RECALLING OF THE TRIBUNAL ORDER TO D ECIDE THE APPEAL ON MERITS. WE AGREE WITH THE PLEA OF THE ASSESSEE FOR RECALLING OF THE ORDER OF THE TRIBUNAL AND HEARING OF THE APPEAL . THEREFORE, WE RECALL THE TRIBUNAL ORDER DATED 19.11.2010 AND DIRE CT THE REGISTRY TO FIX THE CASE FOR HEARING IN REGULAR COURSE. ISS UE NOTICE TO THE PARTIES. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. SD/- SD/- (A MOHAN ALANKAMONY) (GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DTD.26/8/2011 COPY TO : 1) THE ASSESSEE (2) THE REVENUE (3) THE CIT(A) CONCERNED. (4) THE CIT CONCERNED. (5) THE DR (6) GUARD FILE. MSP/ BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.