M/s. Priyadarshini Fashions P.Ltd., Surat V. Income Tax Officer, Ward-1, Surat

MA 81/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4630 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 15-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAMES KURIEN
• Assessee Lawyers: SUNIL KEDIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI RAJPAL YADAV, JM. M.A. NO.81/AHD/2016 IN ITA NO.2136/AHD/2013 ASST. YEAR: 2005-06 M/S PRIYADARSHINI FASHIONS P. LTD., SUNIL KEDIA, AUTHORISED REPRESENTATIVE, 210-B, 21 ST CENTURY BUSINESS CENTRE, NR. UDHAN DARWAJA, RINGH ROAD, SURAT. VS. ITO, WARD-1(4), SURAT. APPELLANT RESPONDENT PAN AABCP 4190J APPELLANT BY SHRI SUNIL KEDIA, AR RESPONDENT BY SHRI JAMES KURIEN, SR.DR DATE OF HEARING: 16/9/2016 DATE OF PRONOUNCEMENT: 21/9/2016 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER . THE ASSESSEE BY WAY OF THIS MISCELLANEOUS APPLICAT ION HAS PLEADED THAT THE APPEAL WAS DISMISSED FOR WANT OF P ROSECUTION. THE HEARING OF THE APPEAL WAS FIXED FOR 7.3.2016. THE H EARING OF THE APPEAL WAS PREPONED TO 19.2.2016 AND NOTICE OF HEAR ING WAS NOT SERVED UPON THE ASSESSEE. THE ASSESSEE WAS, THEREFO RE, PREVENTED FROM APPEARING ON THE DATE OF HEARING. SO IT HAS RE QUESTED FOR RECALLING THE ORDER OF THE TRIBUNAL TO ITS ORIGINAL STATUS. MA NO.81/AHD/2016 IN ITA NO.2136/AHD/2013 ASST. YEAR 20105-06 2 2. I HAVE CONSIDERED THE SUBMISSIONS OF THE ASSESSE E AND I AM SATISFIED WITH THE SAME. THEREFORE, I RECALL THE OR DER DATED 19.02.2016 AND RESTORE THE APPEAL. THE REGISTRY IS DIRECTED TO FIX THE HEARING OF THE APPEAL ON 28/11/2016. SINCE THE DATE IS PRONOUN CED IN THE COURT NO FRESH NOTICE WILL BE ISSUED TO THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST SEPTEMBER, 2016 SD/- (RAJPAL YADAV) JUDICIAL MMEMBER DATED 21/9/2016 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, AHMEDABAD MA NO.81/AHD/2016 IN ITA NO.2136/AHD/2013 ASST. YEAR 20105-06 3 1. DATE OF DICTATION: 16/09/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 20/09/2016 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 21/9/2016 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: