Mr. Rajinder Pal Singh, Ludhiana V. ITO, Khanna

MA 57/CHANDI/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3401 (ITAT-CHANDIGARH)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Next Hearing Date: 31-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 13-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.R.SOOD, ACCOUNTANT MEMBER MA NO.57/CHD/2015 IN ITA NO. 1346/CHD/2012 ( ASSESSMENT YEAR 2009-10) MR. RAJINDER PAL SINGH, VS THE ITO, C/O M/S KHANNA GUJRT ROADWAYS, WARD III, VILLAGE BHATIAN, GT ROAD, KHANA KHANNA, LUDHIANA. DISTT. LUDHIANA. PAN: AYVPS9985P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PARIKSHIT AGGARWAL RESPONDENT BY : SHRI S.K. MITTAL DATE OF HEARING : 07.08.2015 DATE OF PRONOUNCEMENT : 07.08.2015 O R D E R PER BHAVNESH SAINI,JM THE APPEAL OF ASSESSEE WAS DISMISSED IN DEFAULT VID E ORDER DATED 01.07.2015. THE ASSESSEE CONTENDED IN THE MISCELLANEOUS APPLICATION THAT THE DATE OF HEARING WAS WRONGLY NOTED BY THE COUNSEL AS 10 TH JULY, 2015 INSTEAD OF 1 ST JULY, 2015. 2. AFTER HEARING RIVAL SUBMISSIONS, WE ARE SATISFIE D THAT ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APP EARING BEFORE THE TRIBUNAL ON THE DATE OF HEARING. FURTHE R, THE APPEAL OF ASSESSEE HAS NOT BEEN DECIDED ON MERITS. THEREFORE, ONE MORE CHANCE COULD BE GIVEN TO THE AS SESSEE TO ARGUE THE APPEAL ON MERITS. 2 3. WE, ACCORDINGLY, RECALL OUR EARLIER ORDER DATED 01.07.2015 AND RESTORE THE APPEAL OF THE ASSESSEE. THE APPEAL SHALL BE TAKEN UP FOR HEARING ON MERITS ON 0 9.11.2015 FOR WHICH DATE, NO SEPARATE NOTICE WILL BE ISSUED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH AUGUST,2015. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 7 TH AUGUST,2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT CHANDIGARH