M/s. Sre Amman Arul Spinners Limited, Karur V. ACIT, Trichy

MA 63/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6572 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-06-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 12-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Assessee Lawyers: N QUADIR HOSEYN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH A : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] M.P.NO.63/MDS/2011 [ARISING OUT OF I .T.A NO.1691/MDS/2009 ] ASSESSMENT YEAR : 2004-05 M/S SRI AMMAN ARUL SPINNERS NO.9-D-3 RAMAKRISHNAPURAM KARUR VS THE ACIT COMPANY CIRCLE TRICHY (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI N.QUADIR HOSEYN RESPONDENT BY : SHRI B. SRINIVAS O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS IN RELATION TO TRIBUNAL ORDER DATED 3.3.2011 PASSED EX-PARTE IN I.T.A.NO. 1691/MDS/2009, FOR ASSESSMENT YEAR 2004-05. 2. IN THE PETITION, IT HAS BEEN STATED THAT THE ASSES SEES COUNSEL COULD NOT APPEAR BEFORE THE TRIBUNAL DUE TO HIS WIF ES MEDICAL TREATMENT. AN AFFIDAVIT TO THIS EFFECT HAS BEEN FI LED BEFORE US. 3. AFTER CONSIDERING THE PETITION FILED BY THE ASSESS EE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE SHOULD NOT BE DEPRIVED OF THE OPPORTUNITY OF HEARING BECAUSE OF THE NON-APPEARANC E OF THE COUNSEL. M.P 63/11 :- 2 -: WE, THEREFORE, RECALL THE ORDER IN QUESTION AND DIR ECT THE REGISTRY TO LIST THE APPEAL FOR HEARING ON 11.8.2011. AS THE D ATE WAS PRONOUNCED IN THE OPEN COURT, NO NEED TO ISSUE NOTICE OF HEARI NG SEPARATELY. 4. IN THE RESULT, THE MISCELLANEOUS PETITION STAND S ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.6.2011. SD/- SD/- (ABRAHAM P GEORGE) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED : 10 TH JUNE, 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR