R.Karthikeyan, Coimbatore V. ITO, Coimbatore

MA 88/CHNY/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1993 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-06-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 13-06-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 12-05-2014
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NO. 88/MDS/2014 (IN ITA NO.41/MDS/2013) ASSESSMENT YEAR : 2008-09 SHRI R.KARTHIKEYAN, L/H OF SHRI RAMESH BABU, 18, EDAYAR STREET, COIMBATORE-641 001 VS THE INCOME TAX OFFICER, WARD-III(3), COIMBATORE-641 018 [PAN: AAGHN 5016 A] (PETITIONER) (RESPONDENT) PETITIONER BY : NONE RESPONDENT BY : MR. N. MADHAVAN, JCIT DATE OF HEARING : 13-06-2014 DATE OF PRONOUNCEMENT : 13-06-2014 O R D E R PER VIKAS AWASTHY, J.M: THE ASSESSEE/PETITIONER HAS FILED MISCELLANEOUS PET ITION FOR RECALLING OF ORDER DATED 01-10-2013 PASSED BY THE T RIBUNAL IN THE AFOREMENTIONED APPEAL. THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMINE FOR WANT OF PROSECUTION. M.P. NO. 88/MDS/2014 :- 2 -: 2. IN MISCELLANEOUS PETITION, REASON HAS BEEN GIVE N FOR NON- APPEARANCE OF THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE, ON THE DATE FIXED. 3. AFTER PERUSAL OF THE REASON STATED IN THE PETITI ON, WE ARE SATISFIED THAT NON-APPEARANCE OF THE AR OF THE ASSE SSEE ON 01-10-2013 BEFORE THE TRIBUNAL WAS NOT INTENTIONAL OR WILLFUL, BUT, WAS FOR THE REASON MENTIONED THEREIN. IN THE INTER EST OF JUSTICE, WE RECALL EX-PARTE ORDER DATED 01-10-2013 AND RESTO RE THE APPEAL TO ITS ORIGINAL NUMBER. 4. THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEAR ING ON 08-07-2014 AND INFORM BOTH THE SIDES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON FRIDAY, THE 13 TH JUNE, 2014 AT CHENNAI. SD/- SD/- (DR. O.K. NARAYANAN) (VIKAS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER DATED: 13-06-2014 TNMM COPY TO: APPELLANT/RESPONDENT/CIT(A)/CIT/DR