Ranee Agency, Kolkata V. ITO., Ward - 55(1), Kolkata, Kolkata

MA 91/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6794 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 MA NO.91/KOL/2018 RANEE AGENCY, AY- 2008-09 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA ( ) BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] M.A. NO.91/KOL/2018 IN I.T.A. NO. 1379/KOL/2016 ASSESSMENT YEAR: 2008-09 RANEE AGENCY (PAN: AADFR6035P) VS. INCOME-TAX OFFICER, WD-55(1), KOLKATA. APPLICANT RESPONDENT DATE OF HEARING 29.06.2018 DATE OF PRONOUNCEMENT 29.06.2018 FOR THE APPLICANT SHRI U. V. GADHIA, CA FOR THE RESPONDENT SHRI S. DASGUPTA, ADDL. CIT ORDER PER SHRI A.T.VARKEY, JM THIS MISC. APPLICATION HAS BEEN FILED BY THE ASSESS EE AGAINST THE EX PARTE ORDER PASSED BY THE TRIBUNAL DATED 26.04.2018 IN ITA NO. 1379/KOL/2016 FOR AY 2008-09. 2. AT THE OUTSET ITSELF, WE NOTE THAT THIS IS AN EX PARTE ORDER PASSED BY THE TRIBUNAL IN THIS MATTER ON 26.04.2018. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ON THE DATE OF HEARING THE LD. AR OF THE ASSES SEE THOUGH PRESENT IN THE PREMISES OF TRIBUNAL FAILED TO APPEAR AT THE TIME WHEN THE APPE AL WAS CALLED FOR BEFORE THE BENCH. THEREFORE, HE PRAYED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED EX PARTE ON 26.04.2018 FOR HEARING ON MERITS. SINCE THERE IS R EASONABLE CAUSE FOR THE LD. AR OF THE ASSESSEE NOT TO APPEAR BEFORE US ON THE DATE FIXED FOR HEARING, WE ARE INCLINED TO RECALL OUR ORDER PASSED ON 26.04.2018 DISMISSING THE APPEAL FO R NON APPEARANCE OF THE LD. AR OF THE 2 MA NO.91/KOL/2018 RANEE AGENCY, AY- 2008-09 ASSESSEE. REGISTRY IS DIRECTED TO FIX THE APPEAL O N 13.08.2018. NO NOTICE IS REQUIRED TO BE SERVED AS THE ORDER IS PRONOUNCED IN OPEN COURT. 3. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29 TH JUNE, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT RANEE AGENCY, 18/1/1D, MANOHAR PUKUR ROAD, KOLKATA-26. 2 RESPONDENT ITO, WARD-55(1), KOLKATA. 3. 4. CIT-, KOLKATA. CIT(A)-21, KOLKATA. (SENT THROUGH E-MAIL) 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SR. PVT. SECRETARY