Hartex Rubber Pvt. Ltd., Hyderabad V. ACIT-Central -I, Kolkata, Kolkata

MA 73/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8734 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 12-06-2012
• Court: TRIBUNAL
• Department Lawyers: S P LAHIRI
• Assessee Lawyers: RAJ KUMAR AGARWAL

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH A, KOLKATA () BEFORE , , , , . .. . . .. . , ,, , SHRI C.D.RAO, ACCOUNTANT MEMBER ! ! ! ! /AND ''# $% ''# $% ''# $% ''# $%, , , , & & & & SHRI GEORGE MATHAN, JUDICIAL MEMBER !' !' !' !' / M.A.NO.73/KOL/2012 A/O ITA NO . 144/KOL/2012 &%( )*/ ASSESSMENT YEAR : 2004-05 ($, / APPELLANT ) HARTEX RUBBER PVT.LTD., HYDERABAD (PAN: AABCK 1284 C) - % - - VERSUS - . (./$,/ RESPONDENT ) C.I.T., CENTRAL-I, KOLKATA. $, 0 1 / FOR THE APPELLANT: SHRI RAJ KUMAR AGARWAL ./$, 0 1 / FOR THE RESPONDENT: SHRI S.P.LAHIRI 2%3 0 /DATE OF HEARING : 20.07.2012 4) 0 /DATE OF PRONOUNCEMENT :.20.07.2012. 5 / ORDER ( (( ( . .. . . .. . ) )) ), , , , PER SHRI C.D.RAO, AM THE ABOVE MISCELLANEOUS APPLICATION HAS BEEN FILED BY ASSESSEE TO RECALL THE ORDER OF TRIBUNAL DATED 14.05.2012 VIDE ITA NO.144/ KOL/2012 WHEREIN THE APPEAL OF ASSESSEE WAS DISMISSED IN LIMINE ON ACCOUNT OF NON- PROSECUTION. 2. AS PER THE ASSESSEES MISCELLANEOUS APPLICATION IT WAS SUBMITTED THAT THE AUTHORISED REPRESENTATIVE SHRI RAJ KUMAR AGARWAL HA D SOME PERSONAL PROBLEM RELATING TO ILLNESS OF HIS CLOSE RELATIVE ON THE DA TE OF HEARING. SO HE COULD NOT APPEAR BEFORE THE BENCH ON THE SAID DATE NOR HE COULD SEEK ADJOURNMENT. AN AFFIDAVIT IS SUBMITTED BEFORE THE BENCH TO SUBSTANTIATE THE REAS ON FOR NON APPEARANCE. THEREFORE 2 THE ASSESSEE REQUESTED TO RECALL THE EXPARTE ORDER AND THE APPEAL OF THE ASSESSEE MAY BE LISTED FOR HEARING AND DISPOSED ON MERITS. 3. THE LD. DR HAD NO OBJECTION IF THE EXPARTE ORDER IS RECALLED AND THE APPEAL IS DISPOSED ON MERIT AS NO PREJUDICE IS CAUSED TO THE REVENUE BY A DISPOSAL ON MERIT. 4. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CARE FUL PERUSAL OF MATERIAL AVAILABLE ON RECORD WE RECALL OUR ORDER DATED 14.05.2012 AND THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN DUE COURSE. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF T HE ASSESSEE IS ALLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 20.07.2012. SD/- SD/- ''# $% ''# $% ''# $% ''# $%, , , , & & & & GEORGE MATHAN, JUDICIAL MEMBER . .. . . .. . , , , , , C.D.RAO, ACCOUNTANT MEMBER. ( (( ( ) )) ) DATE: 20.07.2012. 5 0 .&&6 76)8- COPY OF THE ORDER FORWARDED TO: 1. HARTEX RUBBER PVT. LTD., KAMALA TOWER PLOT NO.1-8-3 07, PATIGADDA ROAD, BEGUMPET, HYDERABAD-500016. 2 C.I.T., CENTRAL-I, KOLKATA 3. THE CIT-CENTRAL-I, KOLKATA, 4. THE CIT(A)-I, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA /6 .&/ TRUE COPY, 5%2/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES R.G.(.P.S.)