Appeal details
Counselvise Citation
[2012] 123 COUNSELVISE.COM (IT) 9536 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
16-11-2012
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
16-11-2012
Assessment Year
misc
Appeal Filed On
26-06-2012
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S.PADVEKAR, JUDICIAL MEMBER, AND SHRI R.K.PANDA, ACCOUNTANT MEMBER. M.A.NO.69, 89 & 90/PN/2012 (ARISING OUT OF ITA.NO.226, 227 & 229/PN/2011) (ASSTT. YEAR : 2004-05 TO 2006-07) SHRI RADHESHYAM R.JHUNJHUNWALA, ANAND NIWAS, NEAR SANT EKNATH RANG MANDIR, OSMANPURA, AURANGABAD. .. APPELLANT PAN: ADVPJ4000C VS. ACIT, CENTRAL CIRCLE, AURANGABAD. .. RESPONDENT ASSESSEE BY : SHRI KISHORE PHADKE DEPARTMENT BY : SHRI S.K.SINGH DATE OF HEARING : 16.11.2012 DATE OF PRONOUNCEMENT : 16.11.2012 ORDER PER R.K.PANDA, AM : THE ASSESSEE THROUGH THESE MISCELLANEOUS APPLICATI ONS REQUESTS THE TRIBUNAL TO RECALL THE EX-PARTE ORDER PASSED BY IT DISMISSING THE APPEAL OF THE ASSESSEE FOR NON-ATTEN DANCE. 2. THE LD. COUNSEL FOR THE ASSESSEE, REFERRING TO T HE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE, S UBMITTED THAT DUE TO NON-RECEIPT OF NOTICES NOBODY ON BEHALF OF T HE ASSESSEE COULD APPEAR BEFORE THE TRIBUNAL FOR WHICH THE EX-PARTE O RDER WAS PASSED DISMISSING THE APPEAL OF THE ASSESSEE. HE SUBMITTE D THAT IN THE INTEREST OF JUSTICE THE ASSESSEE SHOULD BE GIVEN AN OPPORTUNITY TO REPRESENT ITS CASE AND ARGUE THE CASE ON MERITS. 2 3. AFTER HEARING THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES AND GOING THROUGH THE CONTENTS OF THE MISCELLANEOUS APP LICATIONS FILED BY THE ASSESSEE, WE ARE SATISFIED THAT THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASSESSEE FOR NON-APPEARANCE BEFO RE THE TRIBUNAL ON THE DATE OF HEARING. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL AND THE APPEALS ARE FIXED FOR HEARING ON 1 5.01.2013 WHICH WAS ANNOUNCED IN THE OPEN COURT. IT WAS ALSO ANNOU NCED THAT NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH B OTH THE PARTIES AGREED. THE MISCELLANEOUS APPLICATIONS FILED BY TH E ASSESSEE ARE ACCORDINGLY ALLOWED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON THE 16TH DAY OF NOVEMBER, 2012. SD/- SD/- ( R.S.PADVEKAR ) ( R.K.PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER GSPS PUNE, DATED THE 16 TH NOVEMBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE ACIT, CENTRAL CIRCLE, AURANGABAD. 3. THE CIT(A), AURANGABAD. 4. THE CIT(CENTRAL), NAGPUR. 5. THE DR B BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// SR.PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.
