Shri Kachrulal Nathmal Mutha, Jalna V. Dy. CIT Cen Aurangabad., Aurangabad

MA 66/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9538 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 06-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI G.S.PANNU, ACCOUNTANT MEMBER. M.A.NO.66/PN/2012 (ARISING OUT OF ITA.NO.434/PN/2011) (ASSTT. YEAR : 2006-07) SHRI KACHRULAL NATHMAL MUTHA, SHREE COLONY, COLLEGE ROAD, JALNA. .. APPELLANT VS. DCIT, CENTRAL CIRCLE, AURANGABAD. .. RESPONDENT ASSESSEE BY : SHRI KISHOR PHADKE DEPARTMENT BY : MS.ANN KAPTHUAMA DATE OF HEARING : 19.10.2012 DATE OF PRONOUNCEMENT : 29.10.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF ITA.NO.434/PN/2011, INTER ALIA SUBMI TTED THAT EX PARTE ORDER DATED 25.05.2012 MAY BE RECALLED BEC AUSE THE ASSESSEE COULD NOT ATTEND THE HEARING SINCE HE DID NOT RECEIVE THE NOTICE AND HE WAS TOTALLY UNAWARE OF THE FACT THAT THE HEARING IS FIXED ON 17.05.2012. WE FIND FORCE IN THE CONTENTI ON OF THE ASSESSEE THAT ASSESSEE WAS PREVENTED BY REASONABLE CAUSE IN NOT APPEARING BEFORE THE TRIBUNAL. SO IN THE INTEREST OF JUSTICE , WE RECALL OUR ORDER DATED 25.05.2012 AND THE REGISTRY IS DIRECTED TO FI X THE CASE ON 10.12.2012. 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. 2 PRONOUNCED IN THE OPEN COURT ON THIS THE 29 TH DAY OF OCTOBER, 2012. SD/- SD/- ( G.S.PANNU ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 29 TH OCTOBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE DCIT, CENTRAL CIRCLE, AURANGABAD. 3. THE CIT(A), AURANGABAD. 4. THE CIT(CENTRAL), NAGPUR. 5. THE DR A BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.