A.Radhakrishnan, Pollachi V. ITO, Pollachi

MA 89/CHNY/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2288 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 25-07-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S DASGUPTA
• Assessee Lawyers: S VISWANATHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! # % & , ' ! ( BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITION NO. 89 / MDS/2014 (IN ITA.NO. 1816/MDS/2013 ) (ASSESSMENT YEAR: 2008-09) MR. A.RADHAKRISHNAN, 7/51, S.KUMARAPALAYAM, MAPPILLAIGOUNDANPADUR, POLLACHI-642 005. VS. INCOME TAX OFFICER, WARD-I(2), POLLACHI. PAN : AJQPR7599Q ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. S.VISWANATHAN, ADVOCATE RESPONDENT BY : MR. S.DAS GUPTA, JCIT / DATE OF HEARING : 25 TH JULY, 2014 / DATE OF PRONOUNCEMENT : 8 TH AUGUST, 2014 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E REQUESTING TO RECALL THE EX-PARTE ORDER DATED 30.04 .2014 IN ITA NO.1816/MDS/2013 PASSED BY THIS TRIBUNAL EXPLA INING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON TH E DATE WHEN THE APPEAL WAS POSTED FOR HEARING. 2. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AND THE REASONS THEREIN FOR NON-APPEARANCE BY THE COUNS EL ON THE DATE WHEN THE MATTER POSTED FOR HEARING AND FIND TH AT THERE IS M.P.NO.89 /MDS/2014 2 A VALID REASON IN NOT APPEARING BEFORE THE TRIBUNAL ON 30 TH APRIL, 2014. THEREFORE, WE ARE INCLINED TO RECALL T HE EX-PARTE ORDER OF THIS TRIBUNAL DATED 30 TH APRIL, 2014 FOR WHICH THE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 3 0.04.2014 AND RESTORE THE APPEAL AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING IN DUE COURSE. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY, THE 8 TH DAY OF AUGUST, 2014 AT CHENNAI. SD/- SD/- ( A.MOHAN ALAN KAMONY ) ( CHALLA NAGENDRA PRASAD ) . ( ' %& ' ) ACCOUNTANT MEMBER / ) JUDICIAL MEMBER/ %+ ) % /CHENNAI, , /DATED, 8 TH AUGUST, 2014 SOMU '+/0 20 /COPY TO: 1. APPLICANT 2. '35 /RESPONDENT 3. 6 () /CIT(A) 4. 6 /CIT 5. 0 '++: /DR 6. = /GF .