Madan Pawar, Pune V. Income-tax Officer, Ward - 3(2), Pune

MA 81/PUN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2424 (ITAT-PUNE)
• Duration Of Justice: 10 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 21-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM MA NO. 8 1/PUN/201 8 ARISING OUT OF ITA NO. 169 /PUN/2017 ASSESSMENT YEAR : 20 09 - 10 SHRI MADAN PAWAR, FLAT NO.1, CHINTAMANI APARTMENTS, GHOLE ROAD, PUNE 411005 . APPLICANT PAN: A PNPP9535K VS. THE INCOME TAX OFFICER, WARD 3( 2 ) , PUNE . RESPONDENT APPLICANT BY : SHRI KISHOR PHADKE RESPONDENT BY : SHRI RAJESH GAWALI / DATE OF HEARING : 14 . 0 6 .201 9 / DATE OF PRONOUNCEMENT: 21 . 0 6 .201 9 / ORDER PER SUSHMA CHOWLA, J M : THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE APPLICANT AGAINST THE ORDER OF TRIBUNAL, DATED 15 .0 5 .2018. 2. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN MOVED BY APPLICANT ON THE GROUND THAT ORDER WAS PASSED EX - PARTE THE APPLICANT AND APPLICANT DID NOT HAVE AN OPPORTUNITY TO PUT UP ITS CASE. MA NO. 81 /P U N/201 8 SHRI MADAN PAWAR 2 3. THE APPLICANT HAS FILED AN AFFIDAVIT AND POINTED OUT THE REASONS FOR NON - APPEARANCE BEFORE THE BENCH ON THE SLATED DATE OF HEARING. FROM PERUSAL OF THE CONTENTS OF AFFIDAVIT AND IN VIEW OF THE CASE BEING DECIDED EX - PARTE THE APPLICANT, WE ARE OF VIEW THAT APPLICANT DESERVES AN OPPORTUNITY OF HEARING IN THE GIVEN FACTS AND CIRCUMSTANCES. HENCE, THE ORDER OF TRIBUNAL IS RECALLED AND THE MATTER IS POSTED FOR HEARING ON ISSUE OF MERITS. THE APPEAL IS FIXED FOR HEARING ON 16.07.2019. SINCE THE DATE OF HEARING IS ANNOUNCED IN OPEN COURT, NO NOTICE OF HEARIN G WOULD BE ISSUED TO THE PARTIES. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF APPLICANT IS ALLOWED. ORDER PRONOUNCED ON THIS 21 ST D AY OF JUNE , 201 9 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 21 ST JUNE , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A) - 3 , PUNE ; 4. THE PR. CIT - 2 , PUNE ; 5. THE DR SMC , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE