N.Sivakumar, Erode V. ACIT, Erode

MA 77/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3384 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 16-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! # % & , ' ! ( BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.77/ MDS/2015 (IN ITA.NO.3082/MDS/2014 ) (ASSESSMENT YEAR: 2010-11) MR . N.SIVA KUMAR , 85, GANDHIJI 2 ND STREET , OPP. CARMEL SCHOOL KARUR BYE PASS ROAD ERODE-638 002. VS ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- I, ERODE. PAN: AQOPS7029M ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. S.SRIDHAR, ADVOCATE RESPONDENT BY : MR. P.RADHAKRISHNAN, JCIT / DATE OF HEARING : 14 TH AUGUST, 2015 / DATE OF PRONOUNCEMENT : 14 TH AUGUST, 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 27.03 .2015 IN ITA NO.3082/MDS/2014 PASSED BY THIS TRIBUNAL EXPLA INING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON TH E DATE 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.77/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 24 TH MARCH, 2015. THEREFORE, WE ARE INCLINED TO RECALL THE EX-PARTE ORDER OF THIS TRIBUNAL DATED 27.03.2015 FOR WHICH T HE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 2 7.03.2015 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEAR ING ON 29 TH SEPTEMBER, 2015. SINCE BOTH THE PARTIES WERE PRESE NT 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 14 TH DAY OF AUGUST, 2015.. SD/- SD/- ( . ) ( # &' ( ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGEND RA PRASAD ) * / ACCOUNTANT MEMBER &, * / JUDICIAL MEMBER & /CHENNAI, . /DATED, 14 TH AUGUST, 2015 SOMU (,12 42 /COPY TO: 1. APPLICANT 2. (57 /RESPONDENT 3. 8 () /CIT(A) 4. 8 /CIT 5. 2 (,,; /DR 6. > /GF .