S.Gajendran, CHENNAI V. ITO, CHENNAI

MA 87/CHNY/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5678 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 13-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: D ANAND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . , ! ' ! # . $% , & ' BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.87/MDS/2017 IN I.T.A.NO.1841/MDS/2016 ( / ASSESSMENT YEAR :2010-11) SHRI S. GAJENDRAN, 37/16, 4 TH CROSS STREET, R.K. NAGAR, MANDAVELI, CHENNAI 600 004. VS THE INCOME TAX OFFICER, NON CORPORATE WARD - 1(2), CHENNAI 600 034. PAN: AARPG3240R (PETITIONER) ( / RESPONDENT) APPLICANT BY : SHRI D. ANAND, ADVOCATE /RESPONDENT BY : SHRI SUPRIYO PAL, JCIT /DATE OF HEARING : 16.06.2017 /DATE OF PRONOUNCEMENT : 16.06.2017 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN ITA N O.1841/MDS/2016 DATED 08.09.2016. 2. THE LEARNED REPRESENTATIVE FOR THE ASSESSEE SUBM ITTED BEFORE US THAT THE ASSESSEE INADVERTENTLY NOTED THE DATE OF H EARING WRONGLY AND THEREFORE WAS NOT ABLE TO BE PRESENT AT THE TIME OF HEARING ON 08.09.2016. HENCE, IT WAS PRAYED THAT ONE MORE OPP ORTUNITY MAY BE PROVIDED TO THE ASSESSEE BY RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL. 2 MP NO.87/MDS/2017 3. THE LD. D.R STRONGLY OPPOSED TO THE SUBMISSION OF THE ASSESSEE AND REQUESTED FOR DISMISSING THE MISCELLANEOUS PETITION OF THE ASSESSEE. 4. AFTER HEARING BOTH THE SIDES, THOUGH WE DO NOT APPRECIATE THE LAPSE ON THE PART OF THE ASSESSEE FOR NOT APPEARING BEFOR E THE BENCH, IN THE INTEREST OF JUSTICE, WE HEREBY GRANT ONE MORE OPPOR TUNITY TO THE ASSESSEE BY RECALLING THE ORDER OF THE TRIBUNAL DAT ED 08.09.2016 AND FURTHER DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 09.08.2017. SINCE BOTH THE PARTIES WERE INTIMATED IN THE OPEN C OURT, NOTICE NEED NOT BE ISSUED. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JUNE, 2017 SD/- SD/- ( ! ' ! # . $% ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) /JUDICIAL MEMBER / ACCOUNTANT MEMBER ! /CHENNAI, '# /DATED 16 TH JUNE, 2017 JR. &'( )*' /COPY TO: 1. APPLICANT 2. RESPONDENT 3. + ( )( )/CIT(A) 4. + /CIT 5. '-. / /DR 6. .0 /GF.