Shri V.Shanmugavel, CHENNAI V. ITO, CHENNAI

MA 57/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6349 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2011
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 27-05-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 26-04-2011
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Assessee Lawyers: V KANNAN

Judgement Text

IN THE INCOME - TAX APPELLATE TRIBUNAL CHENNAI B BENCH, CHENNAI. BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER & SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER M.P. NO. 5 7/MDS/2011 [IN I.T.A. NO. 1 68 /MDS/20 11 ] ASSESSMENT YEAR: 200 7 - 0 8 SHRI V. SHANMUGAVEL, 25, GI LCHRIST AVENUE, ROSE VINE APARTMENTS, HARRINGTON ROAD, CHENNAI 600 031 [PAN: A BHPS7585C ] VS. THE INCOME TAX OFFICER , BUSINESS WARD XV(3), CHENNAI 600 034. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V. KANNAN REVENUE BY : SHRI B. SRINIVAS ORDER PER U.B.S. BEDI, J.M. BY MEANS OF THIS MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO GET RECALLED THE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO. 1 68 /MDS/20 11 FOR THE ASSESSMENT YEAR 200 7 - 0 8 DATED 0 4 . 0 4.2011 ON THE GROUND THAT NOTICE OF HEARING WAS RECEIVE D BY PETITIONER S ESTRANGED EMPLOYEE, MR. ANAND, WHO LEFT SERVICE AND DID NOT INFORM ABOUT THE NOTICE. BY SUPPORTING SUCH APPLICATION WITH AFFIDAVIT, THE ASSESSEE PLEADED THAT EX - PARTE ORDER OF THE TRIBUNAL PASSED MAY BE RECALLED AND THE ASSESSEE ASSURES F ULL COOPERATION, IF THE ORDER OF THE TRIBUNAL IS RECALLED AND APPEAL IS FIXED FOR HEARING. 2. THE LD. DR DID NOT OBJECT IN CASE THE ORDER OF THE TRIBUNAL IS RECALLED AND APPEAL IS FIXED FOR HEARING. 3 . WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MATER IAL S ON RECORD AND ARE SATISFIED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FOR NOT APPEARING M.P. NO. 57 /MDS/ 11 2 ON THE DATE OF HEARING. AS SUCH , WHILE ACCEPTING THE PETITION OF THE ASSESSEE, WE RECALL OUR ORDER DATED 04 .0 4 .20 11 AND FIX THE APPEAL FOR HEARING ON 2 3 . 0 6 .201 1 FOR WHICH NO SEPARATE NOTICE WOULD BE ISSUED AS BOTH THE SIDES HAVE WAIVED THEIR RIGHT OF NOTICE. 4 . IN THE RESULT, THE MISCELLANEOUS PETITION OF THE ASSESSEE GETS ACCEPTED. OR DER PRONOUNCED SOON AFTER THE CONCLUSION OF HEARING ON 27 . 0 5 . 1 1 . SD / - SD/ - ( ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. B EDI ) JUDICIAL MEMBER VM/ - DATED : 27 . 0 5 . 20 1 1 . COPY TO: THE ASSESSEE//A.O./CIT(A)/CIT/D.R .