Shri Achal Jain, Mandi Gobindgarh V. ITO, W-2, Mandi Gobindgarh

MA 44/CHANDI/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7048 (ITAT-CHANDIGARH)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

2 THOUGH NOTED THE DATE OF HEARING BUT INADVERTENTLY NOT ENTERED THE SAME IN HIS DAIRY. HE, THEREFORE, SUBMITTED THAT THE MISTAK E WAS TOTALLY BONAFIDE IN NATURE WHICH HAD RESULTED INTO DISMISSAL THE APPEAL IN LIMINE AND PRAYED FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 27 .11.2017. IN SUPPORT THEREOF, AN AFFIDAVIT HAS ALSO BEEN FURNISHED ON RE CORD. 3. WE FIND FROM THE RECORD THAT THE APPEAL OF THE A SSESSEE WAS DISMISSED EX-PARTE, ON THE FIRST DATE OF HEARING IT SELF, I.E. 27.11.2017. WE FEEL CONVINCED WITH THE SUBMISSIONS MADE BY THE ASS ESSEE IN THE APPLICATION AND, THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL DATED 27.11.2017 IN THE ABOVE CAPTIONED APPEAL AND RESTOR E THE APPEAL TO ITS ORIGINAL POSITION TO BE HEARD A FRESH IN REGULAR CO URSE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29.08.2018 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR