Shri Arjanbhai Kadwabhai Harnia, Surat V. The Income tax Officer,Ward-8(2), Surat

MA 94/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7628 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 08-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI BHAVNESH SAINI , JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER M.A. NO.94/AHD/2011 IN I.T.A.NO. 1070/AHD/2007 (ASSESSMENT YEAR 2002-03) ARJANBHAI KADWABHAI HARNIA, C/.O YOGESH B SHAH, 5/1345, KAPILA MANSION, KALJUG STREET, HARIPURA, SURAT -395003 VS. ITO, WARD 8(2), SURAT PAN/GIR NO. : ABBPH2234F (APPELLANT) .. (RESPONDENT) APPELLANT BY: WRITTEN SUBMISSION RESPONDENT BY: SHRI B L YADAV, DR DATE OF HEARING: 13.01.2012 DATE OF PRONOUNCEMENT: 09.02.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASS ESSEE SEEKING RECALL OF EX-PARTE TRIBUNAL ORDER DATED 11.05.2007. I WAS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE ASSESSEE HAS DUL Y SENT WRITTEN SUBMISSION THROUGH COURIER IN THE FORM OF PAPER BOO K ON 05.07.2007 WHICH WAS RECEIVED BY THE TRIBUNAL ON 06.07.2007 BU T IN THE TRIBUNAL ORDER, THESE WRITTEN SUBMISSION OF THE ASSESSEE WER E NOT CONSIDERED AND HENCE, IT IS THE REQUEST OF THE ASSESSEE THAT THIS EX-PARTE TRIBUNAL ORDER SHOULD BE RECALLED. 2. FROM THE RECORDS, WE FIND THAT THE WRITTEN SUBMI SSIONS OF THE ASSESSEE ARE RECEIVED BY THE TRIBUNAL ON 06.07.2007 AND THE SAME ARE VERY MUCH AVAILABLE ON RECORD BUT IN THE TRIBUNAL O RDER, THE SAME WERE M.A.NO.148 /AHD/2009 2 NOT CONSIDERED AND HENCE, WE FEEL THAT THIS EX-PART E TRIBUNAL ORDER SHOULD BE RECALLED. WE ORDER ACCORDINGLY. THE REGISTRY I S DIRECTED TO FIX THIS APPEAL FOR HEARING IN DUE COURSE. 3. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (BHAVNESH SAINI) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 1/2/12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2/2/12OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 09/2 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.9/2 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09/02/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .