M Parameshwara Murthy, Bangalore V. Income tax Officer, Bangalore

MA 83/BANG/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5652 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNDAR RAJAN JT
• Assessee Lawyers: PRATEEK P
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER M.P. NO.83/BANG/2017 [IN ITA NO.23/BANG/2016] ASSESSMENT YEAR : 2008-09 SHRI M. PARAMESHWARA MURTHY, NO.5, ASHIRWARD, DR. SHIVARAM KARANTH ROAD, 18 TH MAIN, PADMANABHANAGARA, BENGALURU 560 061. PAN: AELPM 6407Q VS. THE INCOME TAX OFFICER, WARD 4(2), BANGALORE. APPLICANT RESPONDENT APPLICANT BY : SHRI PRATEEK P., CA RESPONDENT BY : SHRI SUNDAR RAJAN, JT.CIT(DR)(ITAT) DATE OF HEARING : 16.06.2017 DATE OF PRONOUNCEMENT : 16.06.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS MISCELLANEOUS PETITION IS PREFERRED ON BE HALF OF THE ASSESSEE WITH THE SUBMISSION THAT THE ABSENCE OF THE ASSESSE E AT THE TIME OF CALL WAS NOT INTENTIONAL, BUT DUE TO REASONS MENTIONED I N THE MISCELLANEOUS PETITION, THEREFORE, THE ORDER OF TRIBUNAL DATED 22 .02.2017 BE RECALLED. 2. THE LD. DR FORMALLY OPPOSED THE REQUEST OF ASSES SEE. MP 83/BANG/2017 PAGE 2 OF 2 3. HAVING CAREFULLY EXAMINED THE MISCELLANEOUS PET ITION VIS--VIS THE TRIBUNALS ORDER, WE FIND THAT THERE IS REASONABLE CAUSE FOR NON-APPEARANCE OF THE ASSESSEE AT THE TIME OF CALL. WE THEREFORE R ECALL OUR ORDER DATED 22.02.2017 AND DIRECT THE REGISTRY TO LIST THE CASE FOR HEARING ON 16.08.2017. 4. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED. PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF JUNE, 2017. SD/- SD/- ( JASON P. BOAZ ) (SUNIL KUMAR Y ADAV ) ACCOUNTANT MEMBER JUDIC IAL MEMBER BANGALORE, DATED, THE 16 TH JUNE, 2017. / D ESAI S MURTHY / COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.