Hindustan Antibiotics Ltd, Pune V. Dy.CIT Cir 9 Pune, Pune

MA 59/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9181 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 13-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILAJA RAI
• Assessee Lawyers: ASHOK KOTHARI
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI R.K.PANDA, ACCOUNTANT MEMBER. M.A.NO.59/PN/2012 (ARISING OUT OF ITA.NO.737/PN/2008) (ASSTT. YEAR : 2001-02) HINDUSTAN ANTIBIOTICS LTD., PIMPRI, PUNE. .. APPELLANT PAN: AAACH5155L VS. DCIT, CIRCLE-9, PUNE. .. RESPONDENT ASSESSEE BY : SHRI ASHOK KOTHARI DEPARTMENT BY : MS.SHAILAJA RAI DATE OF HEARING : 07.09.2012 DATE OF PRONOUNCEMENT : 25.09.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF ITA.NO.737/PN/2008, INTER ALIA SUBMI TTED THAT EX PARTE ORDER DATED 01.09.2010 MAY BE RECALLED BEC AUSE THE ASSESSEE HAD NOT RECEIVED THE NOTICE OF HEARING IN ABOVE SAID MATTER. WE FIND FORCE IN THE CONTENTION OF THE ASS ESSEE THAT ASSESSEE WAS PREVENTED BY REASONABLE CAUSE IN NOT A PPEARING BEFORE THE TRIBUNAL ON THE DATE FIXED. SO IN THE IN TEREST OF JUSTICE, WE RECALL OUR ORDER DATED 01.09.2010 AND THE REGIST RY IS DIRECTED TO FIX THE CASE ON 01.10.2012. 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. 2 PRONOUNCED IN THE OPEN COURT ON THIS THE 25 TH DAY OF SEPTEMBER, 2012. SD/- SD/- ( R.K.PANDA ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 25 TH SEPTEMBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE DCIT, CIRCLE-9, PUNE. 3. THE CIT(A)-III, PUNE. 4. THE CIT-IV, PUNE. 5. THE DR B BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.