Nashik Capital & financial Service Pvt Ltd, Nashik V. ACIT, Nashik

MA 81/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9182 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 09-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: LALIT S SANGALE
• 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.81/PN/2012 (ARISING OUT OF ITA.NO.691 TO 694/PN/2011) (ASSTT. YEAR : 2000-01 TO 2004-05) NASHIK CAPITAL & FINANCIAL SERVICE PVT. LTD., S.B.BOOB & ASSOCIATES, ECONOMIC TAX CONSULTANTS, FLAT NO.1, SUMANGAL PLAZA, OPP. POLICE COMMISSIONER OFFICE, SHARANPUR ROAD, NASHIK. .. APPELLANT PAN: AAACN9502B VS. DCIT, CIRCLE-1, NASHIK. .. RESPONDENT ASSESSEE BY : SHRI LALIT S.SANGALE DEPARTMENT BY : MS.ANN KAPTHUAMA DATE OF HEARING : 21.09.2012 DATE OF PRONOUNCEMENT : 25.09.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF ITA.NO.691 TO 694/PN/2011, INTER ALI A SUBMITTED THAT EX PARTE ORDER DATED 13.06.2012 MAY BE RECALLED BEC AUSE THE ASSESSEES MANAGING DIRECTOR MR.PRAMOD PURANIK WAS HELD UP IN PUNE TRAFFIC AND COULD NOT REACH ITAT IN TIME. HE COULD REACH ITAT ONLY AFTER 12.30 PM AND BY THAT TIME THE APPEAL WAS HEARD. WE FIND FORCE IN THE CONTENTION OF THE ASSESSEE THAT A SSESSEE WAS PREVENTED BY REASONABLE CAUSE IN NOT APPEARING BEFO RE THE TRIBUNAL. SO IN THE INTEREST OF JUSTICE, WE RECALL OUR ORDER DATED 13.06.2012 AND THE REGISTRY IS DIRECTED TO FIX THE CASE ON 05.11.2012. 2 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. PRONOUNCED IN THE OPEN COURT ON THIS THE 25 TH DAY OF SEPTEMBER, 2012. SD/- SD/- ( R.K.PANDA ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 25 TH SEPTEMBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE DCIT, CIRCLE-1, NASHIK. 3. THE CIT(A)-II, NASHIK. 4. THE CIT-II, NASHIK. 5. THE DR A BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.