Mr.Rishap P Jain, Pune V. DCIT, Pune

MA 72/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9556 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 09-11-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 15-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINITA MENON
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUIDICIAL MEMBER M.A. NO. 72/PN/2012 ARISING OUT OF ITA NO. 875/PN/2010 ASSESSMENT YEARS : 2006-07 RISHAB P. JAIN 60 M.G. ROAD, KIRKEE, PUNE-411 003 PAN ADVKJ 9447 J APPLICANT VS. DY. CIT CEN. CIR. 2(2) PUNE .. RESPONDEN T APPLICANT BY : SHRI NIKHIL PATHAK RESPONDENT BY : SMT. VINITA MENON DATE OF HEARING : 09-11-20 12 DATE OF PRONOUNCEMENT : 19-11 -2012 ORDER PER G.S. PANNU, A.M .: THE ASSESSEE HAS MOVED THIS MISCELLANEOUS APPLICATION AGAINST THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 875/PN//2010 FOR A.Y. 2006-07 DATED 15-12-2011. 2. BY WAY OF PRESENT PETITION, IT IS CANVASSED THAT DUE TO INADVERTENT MISTAKE, THE FATHER OF THE ASSESSEE WHO WAS LOOKING AFTER THE TAX MATTERS OF FAMILY, COULD NOT CONTACT THE TAX CONSULTANT FOR APPEARI NG BEFORE THE TRIBUNAL. IN VIEW OF THIS, THE ASSESSEE REQUESTED FOR RECALL OF THE ORDER. 3. HAVING HEARD BOTH THE PARTIES AND PERUSING THE MAT ERIAL ON RECORD, WE ARE OF THE OPINION, THAT THE ASSESSEE HAD A REASONABLE CAUSE FOR NOT APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARIN G OF THE APPEAL. WE THEREFORE, DEEM IT AND PROPER TO RECALL THE ORDER O F THE TRIBUNAL DATED 15-12- 2011 PASSED IN ITA NO. 875/PN/2010 FOR A.Y. 2006-07. THE REGISTRY IS DIRECTED TO FIX THIS CASE ON 17-1-2013. 4. IN THE RESULT, PETITION OF THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 19 TH DAY OF NOVEMBER 2012. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED THIS DAY OF 19 TH NOVEMBER 2012. ANKAM COPY TO:- 1) ASSESSEE, 2) DEPARTMENT 3) THE CIT(A) IV PUNE 4) CIT, CENT. PUNE 5) DR, B BENCH, I.T.A.T., PUNE. 6) GUARD FILE TRUE COPY BY ORDER SR. PS, ITAT PUNE