Mr.B.Kunhi Ahmed , Mangalore V. Deputy Commissioner of Income Tax, Central Circle, Mangalore

MA 94/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6501 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 04-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH JT C IT BENGALURU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER M.P. NO.94/BANG/2018 [IN ITA NO. 386/BANG/2017] ASSESSMENT YEAR : 2012 - 13 SHRI B. KUNHI AHMED, HASNAIN NADIR, OPP. FATHER MULLERS HOSPITAL, DERALAKATTE, MANGALURU 575 018. PAN: ABLPA 9471B VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MANGALORE. APP ELLANT RESPONDENT A PPELLANT BY : NONE RE SPONDENT BY : SHRI B.R. RAMESH, JT.C IT(DR)(ITAT), BENGALURU. DATE OF HEARING : 11 . 0 5 .201 8 DATE OF PRONOUNCEMENT : 11 . 0 5 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THROUGH THIS MISCELLANEOUS PETITION AGAINST THE O RDER OF THE TRIBUNAL, THE ASSESSEE SEEKS RECALL OF THE ORDER OF THE TRIBU NAL. 2. THIS MISCELLANEOUS PETITION HAS COME UP FOR HEAR ING ON 11.05.2018, BUT NONE APPEARED ON BEHALF OF THE ASSESSEE, DESPIT E VALID SERVICE OF NOTICE OF HEARING. THE AD CARD IS PLACED ON RECOR D. MP NO.94/BANG/2018 PAGE 2 OF 2 3. ON PERUSAL OF RECORD, WE FIND THAT THE MP IS TIM E BARRED AND ALSO A COPY OF THE ORDER OF THE TRIBUNAL HAS ALSO NOT BEEN ANNEXED. REGISTRY HAS ALSO ISSUED A DEFECT NOTICE, BUT THE ASSESSEE DID N OT MAKE ANY EFFORT TO REMOVE THE DEFECT. IN THE LIGHT OF THESE FACTS AN D ALSO THE FACT THAT THE ASSESSEE DID NOT APPEAR DESPITE SERVICE OF VALID NO TICE, WE FIND NO OPTION BUT TO DISMISS THE MISCELLANEOUS PETITION OF THE AS SESSEE. 4. ACCORDINGLY, THE MISCELLANEOUS PETITION OF THE A SSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF MAY, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 11 TH MAY, 2018. / D ESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.