V.Kannan, Coimbatore V. ITO, Coimbatore

MA 68/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3386 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 21-08-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2015
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTHJCIT
• Assessee Lawyers: LAKSHMI SRIRAM

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , . , , BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.P.NO.68/MDS./2015 ( ./ I.T.A.NO.1922 /MDS./2012 ! '! / ASSESSMENT YEAR :2009-10) MR.V.KANNAN , OLD NO.89A,NEW NO.12, SANTHOSH NIVAS, EAST AROKIASAMY ROAD, COIMBATORE 641 002. VS. THE INCOME TAX OFFICER, WARD-II(3), COIMBATORE. PAN AFVPK 1292 E ( / APPELLANT ) ( / RESPONDENT ) #$ % & / APPELLANT BY : MS.LAKSHMI SRIRAM,ADVOCATE '(#$ % & / RESPONDENT BY : MR.A.V.SREEKANTH,JCIT, D.R ) * % +, / DATE OF HEARING : 21.08.2015 -' % +, /DATE OF PRONOUNCEMENT : 21.08.2015 / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSE SSEE PRAYING FOR RECALL OF THE ORDER OF THE TRIBUNAL IN ITA M.P NO.68/MDS/2015 2 NO.1922/MDS./2012 DATED 9 TH APRIL, 2015 PASSED EX PARTE FOR NON-APPEARANCE. 2. THE ASSESSEE AFFIRMED IN HIS AFFIDAVIT DATED 2 1 ST DAY OF MAY,2015 THAT ON THE DATE OF LAST HEARING ON 09.04. 2015, THE AUTHORIZED REPRESENTATIVE COULD NOT REPRESENT HIS C ASE. IT WAS THEREFORE PLEADED BY THE LD. A.R. THAT ONE MORE OPP ORTUNITY MAY BE GRANTED TO THE ASSESSEE TO REPRESENT HIS CASE BEFOR E THE TRIBUNAL. THE LD. D.R OPPOSED FOR RECALLING THE ORDER OF THE TRIBUNAL. 3. AFTER HEARING BOTH THE SIDES AND PERUSING THE AFFIDAVIT FILED BY THE ASSESSEE, WE ARE OF THE VIEW THAT ONE MORE OPPO RTUNITY SHOULD BE PROVIDED TO THE ASSESSEE IN ORDER TO ARGUE HIS CASE BEFORE THE TRIBUNAL. THEREFORE, IN THE INTEREST OF JUSTICE, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL DATED 09.04.2015. THE REGISTR Y IS HEREBY DIRECTED TO POST THE CASE ON 20.10.2015. SINCE THE LD. A.R. AND LD. D.R ARE INTIMATED IN THE OPEN COURT, NOTICE NEED NO T BE SERVED. M.P NO.68/MDS/2015 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE ASSESSEE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON THE 21 ST AUGUST, 2015. ( . . . ) ( N.R.S.GANESAN ) ( . '#$ %' ) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 21 ST AUGUST, 2015. K S SUNDARAM. % '+./ 0 /'+ /COPY TO: 1. #$ /APPELLANT 2. '(#$ /RESPONDENT 3. ) 1+ () /CIT(A) 4. ) 1+ /CIT 5. /4 '+5 /DR 6. 6! 7* /GF