Rajesh Kumar Jain, Kolkata V. DCIT, CIR-48, KOLKATA, Kolkata

MA 85/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3764 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 26-08-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 85/KOL/2015 IN W.T.A NO. 12/KOL/2014 ASSESSMENT YEAR: 2007-08 RAJESH KUMAR JAIN VS. DEPUTY COMMISSIONER OF WE ALTH-TAX, (PAN: ACUPJ4526C) CIRCLE-48, KOLKATA. ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 04.12.2015 DATE OF PRONOUNCEMENT: 04.12.2015 FOR THE APPLICANT: SHRI OM PRAKASH BAID, FCA FOR THE RESPONDENT: SHRI N. JUNGIO, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN WTA NO. 12/KOL/201 4 DATED 13/07/2015 FOR ASSESSMENT YEAR 2007-08 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 13.07.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT ASSESSEE HAS NOT RECEIVED NOTICE OF HEARING AND HENCE, HE COULD NOT ATTEND THE HEARING BEFORE TRIBUNAL ON 13.07.2015. HENCE, THE ASSESSEE/APPLICANT HAS PRAYE D THAT THE ORDER PASSED ON 13.07.2015 MAY BE RECALLED FOR PASSING A FRESH ORDER ON MERIT. IN THIS VIEW OF THE MATTER AND NO OBJECTION ON BEHALF OF THE LD. SR. DR, WE RECALL TH IS ORDER OF THE TRIBUNAL DATED 13.07.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL ON 21.01.2016. NO NOTICE IS REQUIRED TO BE SERVED ON EITHER OF THE PARTIES. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4TH DECEMBER, 2015 JD.(SR.P.S.) 2 MA NO.85/K/2015 RAJESH KUMAR JAIN A. Y 2007-08 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT: SHRI RAJESH KUMAR JAIN, C/O BAID & CO. C HARTERED ACCOUNTANTS, 10C, BALLYGUNGE CIRCULAR ROAD, KOLKATA-700 019. 2 RESPONDENT DCWT, CIR-48, KOLKATA. 3 . THE CWT(A) , KOLKATA 4. ACWT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .