M.Srinivasamurthy, CHENNAI V. ACIT, CHENNAI

MA 82/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4469 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 06-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER M.P.NO. 82 /MDS/2016 (IN - . ./ I.T.A. NO.21/MDS/2016) M. SRINIVASAMURTHY, THE ASSISTANT COMMISSIONER OF OLD NO.11, NEW NO.17, INCOM E TAX, NO.35, VS. BUSINESS CIRCLE II, INSIDE GOLDEN GATE APARTMENTS, CHENNAI. HABIBULLAH ROAD, CHENNAI 600 017. [PAN ABYPS 3050R] ( PETITIONER ) (RESPONDENT) PETITIONER BY : SHRI. S. VENUGOPALAN, CA RESPONDENT BY : SHRI.P. RADHAKRISHNAN, IRS, JCIT. / 0 1 / DATE OF HEARING : 17-06-2016 2345 0 1 / DATE OF PRONOUNCEMENT : 17-06-2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER : THIS MISCELLANEOUS PETITION IS FILED BY THE ASSE SSEE REQUESTING TO RECALL THE EX-PARTE ORDER DATED 10 TH MARCH, 2016 IN ITA NO.21/MDS/2016 PASSED BY THIS TRIBUNAL EXPLAINING T HE REASON FOR NON APPEARANCE ON THE DATE WHEN THE APPEAL WAS POSTED F OR HEARING. M.P.NO.82/MDS/2016 :- 2 -: 2. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AND HEARD THE LD.AR OF THE ASSESSEE. THE REASON STATED FOR N ONAPPEARANCE IS THAT LD. AUTHORISED REPRESENTATIVE HAS GONE TO MANGALORE TO ATTEND AN IMPORTANT FUNCTION AND ON ACCOUNT OF DELAY IN FLIGH T TIMING DATE, HE WAS NOT ABLE TO APPEAR FOR HEARING AND THERE IS NO DELI BERATE INTENTION NOT TO APPEAR FOR THE HEARING AND PRAYED FOR CONDONATION OF SUCH ACT FOR WHICH THE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJE CTIONS. IN THE CIRCUMSTANCES, WE RECALL EX-PARTE ORDER DATED 10 TH MARCH,2016 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 1 ST SEPTEMBER, 2016. SINCE BOTH THE PARTIES WERE PRESENT 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 ON FRIDAY, THE 17TH DAY OF JUNE, 2016 AT CHENNAI. SD/- SD/- ( ' # ) (CHANDRA POOJARI) $ %& / ACCOUNTANT MEMBER ( . ) (G. PAVAN KUMAR) ) %& /JUDICIAL MEMBER DATED:17.06.2016 KV COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR