Dayal Road Lines, Howrah V. ITO, Ward-56(3), Kolkata, Kolkata

MA 65/KOL/2014

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4069 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 19-12-2014
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M.A. NO. 65/KOL/2014 IN I.T.A NO.1476/KOL/2010 ASSESSMENT YEAR: 2005-06 M/S. DAYAL ROADLINES (PAN:AACFD4793K) VS. INC OME-TAX OFFICER, WD-56(3), KOLKATA ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 18.03.2016 DATE OF PRONOUNCEMENT: 18.03.2016 FOR THE APPLICANT: SHRI R. DHAR, ADVOCATE FOR THE RESPONDENT: SHRI SALLONG YADEN, ADDL. CI T, SR. DR ORDER PER SHRI 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. 1476/KOL/20 10 DATED 19/11/2014 FOR ASSESSMENT YEAR 2005-06 AND FOR ADMISSION OF THE SAME FOR HEARING O N MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 19.11.2014 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECUTION . 3. THE LD. COUNSEL FOR THE ASSESSEE HAS NOW MOVED T HIS MISC. PETITION AND STATED THAT ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING THIS APPEAL AS ON MANY TIMES HE APPEARED BEFORE THE BENCH AND ARGUED THE MATTER AND SOMETIMES BENCH DID NOT F UNCTION. THEREFORE, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 19.11.2014 FOR PASSING A FRESH ORDER ON MERIT AFTER HEARING THE PARTIES. IN THIS VIEW OF THE MATTER, WE RECALL THIS ORDER OF THE TRIBUNAL DATED 19.11.2014 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DI RECTED TO FIX THE APPEAL ON 04.05.2016. 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 : 18 TH MARCH, 2016 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPLICANT M/S. DAYAL ROADLINES, 35, JAGAT BANERJEE GHAT ROAD, SHIBPUR, HOWRAH- 711102 2. RESPONDENT ITO, WARD-56(3), KOLKATA. 3. CIT(A) , KOLKATA. 4. CIT , KOLKATA 4. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .