Rajesh Shriram Kasat, Pune V. Additional Commissioner of Income-tax, Range -3, Pune

MA 82/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2668 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-01-2019
• Assessment Year: 2005-2006
• Appeal Filed On: 13-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK BABU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM M A NO. 82 / P U N/201 8 ARISING OUT OF ITA NO. 516 /P U N/201 6 ASSESSMENT YEAR : 20 0 5 - 0 6 SHRI RAJESH SHRIRAM KASAT, PRATHAM BUNGALOW, 37/7, PRABHAT ROAD, PUNE 411004 . APPLICANT PAN: AEAPK3449M VS. THE ADDL. COMMISSIONER OF INCOME TAX, RANGE 3, PUNE . RESPONDENT APPLICANT BY : NONE RESPONDENT BY : SHRI ASHOK BABU / DATE OF HEARING : 01 . 0 3 .201 9 / DATE OF PRONOUNCEMENT: 08 . 0 3 .201 9 / ORDER PER SUSHMA CHOWLA, JM : THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE APPLICANT AGAINST THE ORDER OF TRIBUNAL DATED 2 5 . 0 4 .201 8 IN DISMISSING THE APPEAL IN LIMINE AS THE APPLICANT HAD NOT SIGNED GROUNDS OF APPEAL AND HAD ALSO NOT APPEARED ON THE DATE OF HEARING . 2. THE APPLICANT STATES THAT IT HAD NOT RECEIVED ANY OF THE NOTICES OF HEARING. FURTHER, IT HAD MADE GOOD THE DE FICIENCIES IN THE MEMO OF APPEAL AND HENCE, HAS REQUESTED THAT THE EX - PARTE ORDER BE RECALLED. 2 M A NO. 82 /P U N/201 8 3. IN THE TOTALITY OF THE ABOVE SAID FACTS AND CIRCUMSTANCES, WE RECALL THE EX - PARTE ORDER PASSED IN THE CASE OF APPLICANT AND DIRECT THAT THE SAME MAY BE FIXE D FOR HEARING IN REGULAR COURSE. NOTICE OF HEARING BE ISSUED TO THE PARTIES AND IN CASE ANY OTHER DEFECT IS REMAINING TO BE RECTIFIED, THEN THE SAME ALSO BE MADE GOOD BY THE APPLICANT. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF APPLICANT IS ALLOWED. ORDER PRONOUNCED ON THIS 8 TH DAY OF MARCH , 201 9 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 8 TH M ARCH , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A) - 1 , PUNE ; 4. T HE PR. CIT - 2 , PUNE ; 5. THE DR A , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE