Santosh B. Rattu., Belgaum V. Income Tax Officer, Ward-2(1), Belgaum

MA 7/PAN/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2864 (ITAT-PANAJI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 08-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B BALA KRISHNA LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P. K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER M.A. NO. 7/PNJ/2015 (OUT OF ITA N O . 1 /PNJ/201 4) : (ASST. YEAR - 2006 - 07 ) SANTOSH B. RATTU 217, HINDWADI, BELGAUM PAN : ABVPR6703R ( APPLICANT) VS. INCOME TAX OFFICER , WARD - 2(1), BELGAUM (RESPONDENT) APPLICANT BY : PRAVEEN KUMAR, ADV. RESPONDENT BY : B. BALA KRISHNA, LD. DR DATE OF HEARING : 13 / 02 /201 5 DATE OF ORDER : 13 / 02 /201 5 O R D E R PER BENCH : 1. THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE FOR RECALLING THE ORDER DT. 11.12.2014 PASSED BY THIS TRIBUNAL. THE TRIBUNAL HAD PASSED THE ORDER EX PARTE IN VIEW OF THE DECISION OF THE HON'BLE DELHI TRIBUNAL IN 38 ITD 320 (DEL) IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. AS NOBODY APPEARED ON BEHALF OF THE ASSESSEE. 2. THE ASSESSEE CONTENDED THAT THE SAID APPEAL FILED BY THE ASSESSEE WAS DISMISSED/DECIDED EX PARTE ON THE GROUND THAT THE ASSESSEE HAS DEFAULTED IN APPEA RING BEFORE THE TRIBUNAL ON 11.12.2014 WHICH WAS THE DATE FIXED FOR HEARING OF THE APPEAL. THE ASSESSEE SUBMITTED THAT ON 4.9.2014 THE HON'BLE TRIBUNAL ADJOURNED THE HEARING TO 11.12.2014 AS IT AWAITED THE ORDER OF THE SPECIAL BENCH OF THE APPELLATE TRIBU NAL IN AN APPEAL INVOLVING SIMILAR ISSUE, THAT THE ASSESSEE HAS FILED PAPER BOOK ON 9.6.2014 AND HAD TAKEN ALL STEPS AND 2 M.A NO. 7/PNJ/2015 (A.Y 2006 - 07) (OUT OF ITA NO. 1/PNJ/2014) DUE DILIGENCE IN PROSECUTING THE APPEAL. THEREFORE, THE APPEAL BE RESTORED TO THE FILE FOR HEARING AND DISPOSAL. 3. WE HEARD THE RIVA L SUBMISSIONS AND CAREFULLY CONSIDERED THE SAME. SINCE THE APPEAL WAS DISMISSED EX PARTE , IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE RECALL THE APPEAL. REGISTRY IS DIRECTED TO FIX THE APPEAL IN THE DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLI CATION FILED BY THE ASSESSEE STANDS ALLOWED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 13/02/2015. SD/ - (D.T.GARASIA) JUDICIAL MEMBER SD/ - (P.K. BANSAL) ACCOUNTANT MEMBER PLACE : PANAJI / GOA DATED : 13 /02/ 201 5 *SSL* COPY TO : (1) APPLICANT (2) RESPONDENT (3) CIT CONCERNED (4) CIT (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER ,