M/s. Indo Gold Mines Pvt Ltd, Bangalore V. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

MA 5/BANG/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5730 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 09-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH
• Assessee Lawyers: P C KHINCHA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER [MP NO. 5/B/2018 (IN ITA NO.1837/B/2016)] (ASSESSMENT YEAR: 2012-13) M/S. INDO GOLD MINES PRIVATE LTD., NO.15, GOLF COURSE ROAD, OFF H.A.L AIRPORT ROAD, BENGALURU 560 058. PAN : AABCI3718D APPLICANT VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(1), BENGALURU. RESPONDENT APPLICANT BY : SHRI. P. C. KHINCHA, CA REVENUE BY : SHRI. B. R. RAMESH, JCIT O R D E R PER SUNIL KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 31.08.2017, THROUGH WHI CH THE APPEAL OF THE ASSESSEE WAS DISMISSED ON ACCOUNT OF NON-APPEARANCE ON BEHAL F OF ASSESSEE. THROUGH THIS MISCELLANEOUS APPLICATION, THE LEARNED COUNSEL FOR THE ASSESSEE HAS EXPLAINED THE REASONS FOR THE NON-APPEARANCE ON THE DATE FIXED. 2. WE HAVE CAREFULLY PERUSED THE MISCELLANEOUS APPL ICATION AND WE FIND THAT THERE IS A REASONABLE CAUSE FOR NON-APPEARANCE ON T HE DATE FIXED. THEREFORE, WE DATE OF HEARING : 09/02/2018 DATE OF PRONOUNCEMENT : 09/02/2018 [MP NO. 5/B/2018 (IN ITA NO.1837/B/2016 )] PAGE 2 OF 2 RECALL THE ORDER OF THE TRIBUNAL DATED 31.08.2017 A ND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING ON 25.04.2018. SINCE THE DATE O F HEARING IS ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL BE ISSUED TO PARTI ES. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUAR Y, 2018. SD/- SD/- ( JASON P BOAZ ) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BANGALORE DATED : 09/02/2018 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.