Hemant Vithal Waje, Nashik V. W.T.O., Nashik

MA 83/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9537 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 30-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI G.S.PANNU, ACCOUNTANT MEMBER. M.A.NO.83/PN/2012 (ARISING OUT OF WTA.NO.01 & 02/PN/2012) (ASSTT. YEAR : 2006-07 & 2007-08) SHRI HEMANT VITHAL WAJE, ASHOK NAGAR, GANESH PETH, SINNAR, NASHIK. .. APPELLANT VS. WTO, WARD-1(4), NASHIK. .. RESPONDENT ASSESSEE BY : SHRI M.K.KULKARNI DEPARTMENT BY : MS.ANN KAPTHUAMA DATE OF HEARING : 19.10.2012 DATE OF PRONOUNCEMENT : 29.10.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF WITA.NOS.01 & 02/PN/2012, INTER ALIA SUBMITTED THAT EX PARTE ORDER DATED 21.05.2012 MAY BE RECALLE D BECAUSE THE ASSESSEE COULD NOT ATTEND THE HEARING AND AN APPLIC ATION DATED 21.05.2012 WAS SENT THROUGH FAX SEEKING ADJOURNMENT TO THE HEARING FOR WANT OF FURTHER TIME FOR PREPARATION. WE FIND FORCE IN THE CONTENTION OF THE ASSESSEE THAT ASSESSEE WAS PR EVENTED BY REASONABLE CAUSE IN NOT APPEARING BEFORE THE TRIBUN AL. SO IN THE INTEREST OF JUSTICE, WE RECALL OUR ORDER DATED 21.0 5.2012 AND THE REGISTRY IS DIRECTED TO FIX THE CASE ON 10.12.2012. 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. 2 PRONOUNCED IN THE OPEN COURT ON THIS THE 29 TH DAY OF OCTOBER, 2012. SD/- SD/- ( G.S.PANNU ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 29 TH OCTOBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE WTO, WARD-1(4), NASHIK. 3. THE CIT(A)-I, NASHIK. 4. THE CIT-I, NASHIK. 5. THE DR A BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.