SHRI DOULAT RAM, Jaipur V. ITO, Jaipur

MA 89/JPR/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5095 (ITAT-JAIPUR)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 09-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEENA JEPH JCIT DHK
• Keywords: Reasonable cause

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ M A NO. 89/JP/16 (ARISING OUT OF ITA NO. 516/JP/2012 ) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2006-07 SHRI DAULAT RAM S/O RAM DEV SHARMA, VILL. UPARALI KOTHI. BAGRUKHURD, TEHSIL SANGANER, JAIPUR CUKE VS. THE INCOME TAX OFFICER, WARD 7(4), JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AQNPR 4493 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE JKTLO DH VKSJ LS@ REVENUE BY : SMT. NEENA JEPH (J CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 02.12.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 15/12/2016. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THIS MISC. APPLICATION HAS BEEN FILED BY THE APPELL ANT AGAINST EXPARTE ORDER DISMISSING THE APPEAL OF THE APPELLAN T PASSED BY THE TRIBUNAL IN ITA NO.516/JP/2012 FOR ASSESSMENT YEAR 2006-07 DATE D 06.05.2015. THE APPELLANT IN ITS APPLICATION DATED 09.05.2016 HAS SUBMITTED THAT THE NOTICE OF THE HEARING FIXING THE CASE FOR 06.05.2015 WAS NOT RECEIVED BY THE APPELLANT HENCE THE CASE COULD NOT BE ATTENDED ON THE SAID DA TE. THE APPELLANT HAS ACCORDINGLY SUBMITTED THAT SINCE THERE IS A REASONA BLE AND GENUINE CAUSE FOR NOT ATTENDING THE CASE, IT IS REQUESTED TO RESTORE THE APPEAL FOR HEARING AFRESH. 2. AFTER HEARING BOTH THE PARTIES WE FIND THAT THE APPELLANT HAS REASONABLE CAUSE FOR NOT ATTENDING THE HEARING FOR WANT OF SER VICE OF THE NOTICE. WE ACCORDINGLY RECALL THE ORDER DATED 06.05.2015. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN DUE COURSE. THE APPELLANT IS DIRECTED TO FILE PAPER BOOK, IF ANY, ONE WEEK IN ADVANCE OF THE SCHEDULED HEARI NG. IN THE RESULT THE MISC. APPLICATION IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15/12/ 2016. SD/- SD/- (KUL BHARAT ) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 15/12/2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI DAULAT RAM , JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD 7(4), JAIPUR 3. VK;DJ VK;QDR@ CIT III, JAIPUR 4. VK;DJ VK;QDRVIHY@ THE CIT(A)-III, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (MA NO. 89/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR.