Shri Vishnu Tukaram Wagh, Nashik V. I.T.O., Nashik

MA 91/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9548 (ITAT-PUNE)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 10-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINITA MENON
• Assessee Lawyers: ADI TYA PRAVIN RATHI
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI G.S.PANNU, ACCOUNTANT MEMBER. M.A.NO.91/PN/2012 (ARISING OUT OF ITA.NO.958/PN/2011) (ASSTT. YEAR : 2005-06) SHRI VISHNU TUKARAM WAGH, AT & POST DUGAON, NASHIK. .. APPELLANT VS. ITO, CIB, NASHIK. .. RESPONDENT ASSESSEE BY : SHRI ADITYA PRAVIN RATHI DEPARTMENT BY : SMT.VINITA MENON DATE OF HEARING : 05.10.2012 DATE OF PRONOUNCEMENT : 05.10.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF ITA.NO.958/PN/2011, INTER ALIA SUBMI TTED THAT EX PARTE ORDER DATED 13.07.2012 MAY BE RECALLED BEC AUSE THE ASSESSEE COULD NOT ATTEND THE HEARING SINCE HE DID NOT RECEIVE THE NOTICE DATED 14.05.2012 AND THE PERSON WHO RECEIVED IT DID NOT INFORM HIM ABOUT THE SAME. IN SUPPORT OF HIS CONT ENTION, THE ASSESSEE FILED TWO AFFIDAVITS AFFIRMING THE ABOVE F ACT. WE FIND FORCE IN THE CONTENTION OF THE ASSESSEE THAT ASSESSEE WAS PREVENTED BY REASONABLE CAUSE IN NOT APPEARING BEFORE THE TRIBUN AL. SO IN THE INTEREST OF JUSTICE, WE RECALL OUR ORDER DATED 13.0 7.2012 AND THE REGISTRY IS DIRECTED TO FIX THE CASE ON 27.11.2012. 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. 2 PRONOUNCED IN THE OPEN COURT ON THIS THE 5 TH DAY OF OCTOBER, 2012. SD/- SD/- ( G.S.PANNU ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 5 TH OCTOBER, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE ITO, CIB, NASHIK. 3. THE CIT(A)-I, NASHIK. 4. THE CIT-I, NASHIK. 5. THE DR B BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.