Bhupendra S. Shah, Nashik V. Income-tax Officer,

MA 8/PUN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1737 (ITAT-PUNE)
• Duration Of Justice: 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 20-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L PATHADE
• Assessee Lawyers: V L JAIN
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER M.A. NO.8/PN/2014 ARISING OUT OF ITA NOS.795 TO 797/PN/2012 (ASST. YEARS: 2002-03 TO 2004-05) SHRI BHUPENDRA S SHAH, 8/9 GYMKHANA SHOPPING CENTRE, SHIVAJI ROAD, NASIK 422001 PAN: ADBPS3062J APPLICANT VS. ITO (CENTRAL)-I, NASIK RESPONDENT APPLICANT BY : SHRI V.L. JAIN RESPONDENT BY : SHRI P.L. PATHADE DATE OF HEARING : 14-02-2014 DATE OF PRONOUNCEMENT : 18-02-2014 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY T HE ASSESSEE ARISING OUT OF ORDER OF THE TRIBUNAL IN IT A NOS.795 TO 797/PN/2012 DATED 15-07-2013. 2. THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS NOT RECEIVED THE NOTICE FOR HEARING AT THE RELEVANT DAT E OF HEARING AND ACCORDINGLY REQUESTED TO RECALL THE ORDER PASSE D IN THE ABOVE ITA. WE FIND THAT THE ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE IN NOT APPEARING ON THE DATE OF HE ARING. SO, IN THE INTEREST OF JUSTICE, WE RECALL THE ORDER PASSED BY THE TRIBUNAL IN ITA NOS.795 TO 797/PN/2012 DATED 15 -07- 2013 AND DIRECT THE REGISTRY TO FIX THE CASE FOR HE ARING ON 10-03-2014. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS THE 18 TH DAY OF FEBRUARY, 2014. SD/- SD/- (R.K. PANDA) (SHAILENDRA KUMAR YA DAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE, DATED 18 TH FEBRUARY, 2014 GCVSR COPY TO:- 1) ASSESSEE 2) DEPARTMENT 3) THE CIT(A)-I, NASIK 4) THE CIT-I, NASIK 5) THE DR, A BENCH, I.T.A.T., PUNE. 6) GUARD FILE BY ORDER //TRUE COPY// SENIOR PRIVATE SECRETARY, ITAT PUNE BENCHES, PUNE.