SRP Group Sahakari Mandali Ltd., Ahmedabad V. The Asstt. Commissioner of Income Tax, Circle-7(2), Ahmedabad

MA 95/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4631 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 24-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAMES KURIEN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI RAJPAL YADAV, JM. M.A. NO.95/AHD/2016 IN ITA NO.3284/AHD/2015 ASST. YEAR: 2012-13 SRP GROUP SAHAKARI MANDALI LTD., SRP CAMPUS, SAIJPUR, BOGHA, NARODA, AHMEDABAD. VS. ACIT, CIRCLE-7(2), AHMEDABAD. APPELLANT RESPONDENT PAN AABAS 6542H APPELLANT BY SHRI PRITESH SHAH, AR RESPONDENT BY SHRI JAMES KURIEN, SR.DR DATE OF HEARING: 16/9/2016 DATE OF PRONOUNCEMENT: 20/9/2016 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER . THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF ASSESSEE PLEADING THAT THIS APPEAL WAS DISMISSED FOR WANT OF PROSECUTION. THE HEARING OF THE APPEAL WAS FIXED ON 07.03.2016. THE HEARING OF THE APPEAL WAS PREPONED BY AROUND 18 DAYS BUT THE ASSESSEE WAS NOT INTIMATED IN RESPECT OF SUCH PREPONEMENT. THE ASSESSEE HAS ALSO SUBMITTED THAT I T HAS NOT RECEIVED ANY NOTICE OF HEARING AND DUE TO THIS REAS ON THE ASSESSEE COULD NOT ATTEND ON THE DATE OF HEARING. MA NO.95/AHD/2016 IN ITA NO.3284/AHD/2015 ASST. YEAR 2012-13 2 2. I HAVE CONSIDERED THE SUBMISSIONS OF THE ASSESSE E AND I AM SATISFIED WITH THE SAME. THEREFORE, I RECALL THE OR DER DATED 19.02.2016 AND RESTORE THE APPEAL. THE REGISTRY IS DIRECTED TO FIX THE HEARING OF THE APPEAL ON 28/11/2016. SINCE THE DATE IS PRONOUN CED IN THE COURT NO FRESH NOTICE WILL BE ISSUED TO THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2016 SD/- (RAJPAL YADAV) JUDICIAL MMEMBER DATED 20/9/2016 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, AHMEDABAD MA NO.95/AHD/2016 IN ITA NO.3284/AHD/2015 ASST. YEAR 2012-13 3 1. DATE OF DICTATION: 16/09/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 20/09/2016 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 20/9/2016 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: