Usha Rani, CHENNAI V. ACIT, CHENNAI

MA 76/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3429 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-09-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 15-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTHJCIT
• Assessee Lawyers: N DEVANATHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A B ENCH, CHENNAI . , ' $ , % ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.76/ MDS/2015 (IN ITA.NO.301/MDS/2015 ) (ASSESSMENT YEAR: 2007-08) MRS. USHA RANI, OLD 33, NEW 60, RAGHAVAN COLONY, VADAPALANI, CHENNAI-600 026. VS ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- III (2) , CHENNAI. PAN: AAKPU1483F ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. N.DEVANATHAN, ADVOCATE RESPONDENT BY : MR. A.V.SREEKANTH,JCIT / DATE OF HEARING : 4 TH SEPTEMBER, 2015 / DATE OF PRONOUNCEMENT : 4 TH SEPTEMBER, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E REQUESTING TO RECALL THE EX-PARTE ORDER DATED 19.05 .2015 IN ITA NO.301/MDS/2015 PASSED BY THIS TRIBUNAL EXPLAI NING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON THE DA TE WHEN THE APPEAL WAS POSTED FOR HEARING. 2. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AND THE REASONS THEREIN FOR NON-APPEARANCE BY THE COUNS EL ON THE M.P.NO.76/MDS/2015 2 DATE WHEN THE MATTER POSTED FOR HEARING AND FIND TH AT THERE IS A VALID REASON IN NOT APPEARING BEFORE THE TRIBUNAL ON 19.05.2015. THEREFORE, WE ARE INCLINED TO RECALL TH E EX-PARTE ORDER OF THIS TRIBUNAL DATED 19 TH MAY, 2015 FOR WHICH THE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 1 9.05.2015 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEAR ING ON 5 TH NOVEMBER, 2015. SINCE BOTH THE PARTIES WERE PRESEN T AT THE TIME OF HEARING, FORMAL NOTICE OF HEARING IS WAIVED . 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH SEPTEMBER, 2015.. SD/- SD/- ( ) ( # $ ) ( CHANDRA POOJARI ) ( CHALLA NAG ENDRA PRASAD ) & / ACCOUNTANT MEMBER #( & / JUDICIAL MEMBER # /CHENNAI, * /DATED, 4 TH SEPTEMBER, 2015 SOMU $(-. 0. /COPY TO: 1. APPLICANT 2. $13 /RESPONDENT 3. 4 () /CIT(A) 4. 4 /CIT 5. . $((9 /DR 6. < /GF .