Mamata Shankar Ballet Troupe, Kolkata V. DDIT(Exemption)-II, Kolkata, Kolkata

MA 75/KOL/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3899 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 16-07-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 75/KOL/2015 IN I.T.A NO. 1300/KOL/2014 ASSESSMENT YEAR: 2006-07 MAMATA SHANKAR BALLET TROUPE VS. DDIT, (EXEMPTION )-II, KOLKATA. (PAN: AAATM8509N) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 01.01.2016 DATE OF PRONOUNCEMENT: 01.01.2016 FOR THE APPLICANT: SHRI AMIYA KR. SAHU, ADVOCATE FOR THE RESPONDENT: SHRI DEBASISH BANERJEE, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 1300/KOL/2 014 DATED 17/06/2015 FOR ASSESSMENT YEAR 2006-07 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 17.06.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT ASSESSEES ADVOCATE WAS PREVENTED FROM APPEARING BEFORE THE BENCH ON TH E DATE OF HEARING DUE TO HIS ILLNESS, WHICH WAS BEYOND HIS CONTROL AND HENCE, HE COULD NO T ATTEND THE HEARING BEFORE TRIBUNAL ON 17.06.2015. HENCE, THE ASSESSEE/APPLICANT HAS PR AYED THAT THE ORDER PASSED ON 17.06.2015 MAY BE RECALLED FOR PASSING A FRESH ORDE R ON MERIT. IN THIS VIEW OF THE MATTER AND NO OBJECTION ON BEHALF OF THE LD. SR. DR, WE RE CALL THIS ORDER OF THE TRIBUNAL DATED 17.06.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL ON 23.02.2016. NO NOTICE IS REQUIRED TO BE SERVED ON EITHER OF THE PARTIES. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 ST JANUARY, 2016 JD.(SR.P.S.) 2 MA NO.75/K/2015 MAMATA SHANKAR BALLET TROUPE A. Y 2006-07 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT: MAMATA SHANKAR BALLET TROUPE, 21A, HINDU STHAN ROAD, KOLKATA- 700029. 2 RESPONDENT DDIT, (EXEMPTION)-II, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. DIT(E), KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .