Shri Biswajit Mitra, Midnapore V. ITO, WD-1(3), MIDNAPORE, Midnapore

MA 57/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3679 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-11-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 22-06-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 57/KOL/2015 IN I.T.A NO. 200/KOL/2012 ASSESSMENT YEAR: 2005-06 SHRI BISWAJIT MITRA VS. INCOME-TAX OFFICER, WD -1(3), MIDNAPORE (PAN: ADVPM7556M) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 20.11.2015 DATE OF PRONOUNCEMENT: 20.11.2015 FOR THE APPLICANT: SHRI SUJIT SUKHARESWAR ROY, ADV OCATE FOR THE RESPONDENT: SHRI NILOY BARAN SOM, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 200/KOL/20 12 DATED 07/04/2015 FOR ASSESSMENT YEAR 2005-06 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 07.04.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT DUE TO ILLNESS HE COULD NOT ATTEND BEFORE THE HONBLE BENCH ON 07.04.2015. HENCE, THE APPLICANT HAS PRAYED THAT THE ORDER PASSED ON 07.04.2015 MAY BE RECALLED FOR PASSING A FRESH ORDER ON MERIT. IN THIS VIEW OF THE MATTER AND NO OBJECTION ON BEHALF OF TH E LD. SR. DR, WE RECALL THIS ORDER OF THE TRIBUNAL DATED 07.04.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL ON 18.01.2016. NO NOTICE IS REQUIRE D TO SERVE ON THE PARTIES SINCE ORDER IS PRONOUNCED IN THE OPEN COURT. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 20TH NOVEMBER, 2015 JD.(SR.P.S.) 2 MA NO.57/K/2015 BISWAJIT MITRA A. Y 2005-06 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : SHRI BISWAJIT MITRA, C/O RATTAN KUMAR G UHA, ADVOCATE, KSHUDIRAM NAGAR, MIDNAPORE-721101, DIST. PASCHIM ME DINIPUR 2 RESPONDENT ITO, WARD-1(3), MIDNAPORE 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .